All hearings conducted under the administrative hearing system shall be conducted by a hearing officer and shall be in accordance with the following rules and procedures:
A. A record of the hearing shall be made by tape recording or other appropriate means.
B. The parties may be represented by counsel, present witnesses, and cross examine opposing witnesses.
C. The hearing officer may grant continuances only upon a finding of good cause.
D. All testimony shall be given under oath or affirmation.
E. Parties may request the hearing officer to issue, and the hearing officer shall have the authority to issue, subpoenas to direct the attendance and testimony of relevant witnesses and produce relevant documents.
F. The formal and technical rules of evidence shall not apply. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
G. In a hearing on the propriety of impoundment of a vehicle, any sworn or affirmed report, citation or ticket that: 1) is prepared in the performance of a law enforcement officer's duties; and 2) sufficiently describes the circumstances leading to the impoundment, shall be admissible evidence of the vehicle owner's liability, unless rebutted by clear and convincing evidence.
H. Each hearing shall culminate in a determination of liability or nonliability by the hearing officer or a determination of liability based upon the failure of the defendant to appear at the hearing.
I. The hearing officer shall, upon a determination of liability, assess fines and penalties in accordance with this code. In addition, the hearing officer shall have the discretion to assess costs upon finding a defendant liable for the charged violation. In no event shall the hearing officer have authority to: 1) impose a penalty of incarceration; or 2) impose a fine in excess of one thousand dollars ($1,000.00) for a violation.
J. The maximum monetary fine imposed under this code shall be exclusive of costs of enforcement or costs incurred by the city to secure compliance with this code and city ordinances, and shall not be applicable in cases to enforce the collection of any tax imposed and collected by the city. (Ord. 2008-O-30, 9-16-2008)