(A) The hearing shall be conducted by the hearing authority on the date, time, and location specified in the notice of hearing transmitted to the cited person.
(B) The notice of violation, the administrative citation, and other reports prepared by an enforcement officer concerning a code violation shall be accepted by the hearing authority as prima facie evidence of the facts stated in such documents.
(C) The hearing authority shall allow the cited person an opportunity to testify at the hearing and to present evidence about any code violation specified in the notice of violation or administrative citation.
(D) The enforcement officer or other representatives of the town may, but are not required, to attend the hearing.
(E) The hearing authority may continue a hearing from time to time and may allow a responsible person additional time to remedy a violation. In addition, the hearing authority may request additional information or evidence from the cited person.
(F) All hearings shall be recorded on a video or audio device, unless the Town elects to use a court reporter. If a court reporter is not used, the town need not provide transcripts of any hearings, but, within 15 calendar days after payment of reasonable duplication fee, shall make the video and/or audio recordings available to the responsible person. If a court reporter is used, a recipient of the administrative citation may obtain a copy of the transcript upon payment of any applicable fees or costs.
(G) A hearing need not be conducted in accordance with the technical rules of evidence. Any relevant evidence may be admitted if it is evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might consider such admission improper in a civil action. Irrelevant or unduly repetitious evidence shall be excluded.
(H) After considering all testimony and evidence submitted at the hearing, the hearing authority shall issue a written decision to affirm, modify or dismiss the administrative citation. The decision shall include the hearing authority's findings, as well as information regarding the cited person's right to seek judicial review of the decision and the time in which to do so. The town shall issue the cited person a copy of the hearing authority's written decision (the "notice of decision"). The decision of the hearing authority shall be final.
(I) If the hearing authority determines that the administrative citation should be affirmed, the fine and/or penalty amount of deposit with the town shall be retained by the town.
(Ord. 745, passed 9-2-2009)