A. Administrative hearings are informal in nature. Formal rules of evidence and discovery shall not apply. However, upon request made in writing reasonably in advance of a hearing, the city shall provide to a person requesting a hearing the opportunity to review documents, photographs or other tangible evidence it intends to present at the hearing and shall provide a list of the witnesses it intends to call at the hearing. Failure to request this review shall not be a basis for a continuance.
B. If an administrative hearing involves a complainant for nuisance violations, the complainant's information shall not be released or disclosed unless the complainant is a witness at the hearing.
C. Parties shall have the opportunity to cross-examine witnesses and present evidence in support of their position. A written declaration signed under penalty of perjury may be accepted in lieu of a personal appearance. Testimony may be provided by any witness or party via electronic means.
D. Administrative hearings shall be open to the public and audio-recorded.
E. All parties shall have the right to be represented by an attorney or other advocate. If an attorney will be representing a responsible person at a hearing, notice of the attorney's name, email, address, and telephone number shall be given to the city attorney at least one day prior to the hearing. If such notice is not given, the hearing may be continued at the city's request, and all costs associated with the continuance shall be assessed against the person requesting the hearing.
F. Administrative hearings may be held on Monday through Friday, excluding holidays, between the hours of eight o'clock (8:00) A.M. and nine o'clock (9:00) P.M. Lengthy hearings may extend beyond nine o'clock (9:00) P.M. at the administrative hearing officer's discretion, with consent of both parties.
G. The parties may stipulate to certain or all factual issues and present purely legal questions to the administrative hearing officer. In the absence of a written stipulation or stipulation made in the presence of the administrative hearing officer, facts will be established through the presentation of evidence by the parties.
H. Ex parte communication with the administrative hearing officer regarding the substance of a matter pending before the officer is prohibited.
I. Parties may, at least three (3) business days prior to the scheduled hearing, file a brief with the administrative hearing officer addressing legal issues. Such briefs must be filed electronically via email and the brief shall be provided contemporaneously to the other party. A party may file an opposing brief in response to a brief filed by the other party, at least twenty-four (24) hours prior to the hearing. (Ord. 2023-65, 11-14-2023)