(a) Abatement proceedings, while quasi-judicial in nature, are intended to be informal. With the exception of qualifying expert witnesses, formal rules of evidence and discovery shall not apply. There shall be no right to a trial by jury.
(b) The parties to an abatement proceeding shall be the City and each responsible party identified by the City. Parties may be represented by legal counsel, may call and question witnesses and shall have the opportunity to present evidence and cross-examine witnesses.
(c) The City shall bear the burden to establish by a preponderance of the evidence the existence of each alleged violation and administrative costs sought.
(d) All testimony shall be given under oath.
(e) With the exception of qualifying expert witnesses, the conduct of abatement proceedings and the admission of evidence shall generally be as set forth herein, without regard to whether such strictly conform to common law, statutory rules of procedure, rules of evidence or other technical rules. The admissibility of evidence shall be encouraged; however, the Hearing Officer may limit evidence that has no probative value, is cumulative, confusing, speculative, or irrelevant. The Hearing Officer may call upon his or her own experience, technical competence and specialized knowledge in the evaluation of evidence presented.
(f) Witnesses intended to give opinion testimony as experts must be qualified as such, and their qualifications shall be submitted to the Hearing Officer at least five (5) days in advance of the hearing.
(g) For good cause shown, as determined by the Hearing Officer, an abatement proceeding may be continued to a date certain. Either party may submit a written request for a continuance of the hearing to the Secretary. A written request to continue the abatement hearing shall be filed with the Secretary at least five (5) days prior to the scheduled hearing.
(h) At the discretion of the Hearing Officer, he or she may appear at the abatement proceedings virtually. Unless ordered otherwise, the responsible party or parties, and all witnesses, shall appear in person for the abatement hearing at Council Chambers, Creede Town Hall. For good cause only, the Hearing Officer, in his or her sole discretion, may allow a responsible party or witness to appear at a hearing virtually. In the event a responsible party/witness is authorized to appear at a hearing virtually, but is unable to connect to the virtual hearing, or their connection is weak and/or sporadic, the Hearing Officer has authority to continue the hearing to a new date and require appearance of all parties in person at Council Chambers, Creede Town Hall.
(i) Abatement proceedings shall be recorded by electronic means and the transcripts of such recordings shall be made available upon request at the expense of the requesting party. In no event shall either party, or other person present at the proceeding, record the proceedings. (Ord. 453 § 1, 2024)