(A) Appointment. The Mayor, with the advice and consent of the City Council, has the authority to appoint one or more qualified Hearing Officers to perform the functions set forth in this section.
(B) Term. The term of a Hearing Officer will be one year; provided, however, that the City Council may remove a Hearing Officer, with or without cause.
(C) Qualifications. To qualify as a Hearing Officer, an individual must:
(1) Be an attorney licensed to practice law in the state for at least three years;
(2) Be in good standing with the State Supreme Court Attorney Registration and Disciplinary Commission; and
(3) Complete a formal training program conducted by the City Manager and the City Attorney consisting of:
(a) Instruction on the rules of procedure for administrative hearings;
(b) Orientation to each subject area of the code that will be adjudicated;
(c) Observation of hearings conducted by state municipalities that have adopted the administrative hearing system; and
(d) Participation in hypothetical hearings, including ruling on evidence and issuance of final orders.
(D) Compensation. Compensation for a Hearing Officer will be authorized by the City Council through the city’s annual budget process. The City Manager thereafter is authorized to establish specific compensation levels for individual Hearing Officers within approved budget limitations.
(E) Authority and jurisdiction. Hearing Officers are hereby authorized, empowered and directed to:
(1) Hear testimony and accept evidence that is relevant to the allegation of a violation;
(2) Issue subpoenas directing witnesses to appear and give relevant testimony at the hearing (as provided for in § 11.09), upon the request of the parties or their representatives;
(3) Preserve and authenticate the record of the hearing, including all exhibits and evidence introduced at the hearing;
(4) Issue a determination, based on the evidence presented at the hearing, on whether a violation occurred or exists. The Hearing Officer’s determination must be in writing and must include a written finding of fact, decision and order, including any corrective measures, the fine, penalty and interest charges, or other action with which the defendant must comply;
(5) Impose penalties consistent with applicable code provisions, order the defendant to obtain a compliance bond and require the defendant to take corrective measures to cure the violation upon finding a defendant liable for the charged violation, except as expressly provided in this chapter;
(6) Impose administrative costs in an amount not less than the minimum amount set by the City Council in a resolution adopted pursuant to § 11.17, upon finding a defendant liable for the charged violation. The Hearing Officer does not have authority to waive, or impose an amount less than, the minimum amount set by the City Council; provided, however, that the Hearing Officer may waive administrative costs or impose an amount less than the minimum amount set by the City Council for adjudged violations of Chapter 73 of the code;
(7) Impose interest charges not less than the minimum amount set by the City Council in a resolution adopted pursuant to § 11.17, if a defendant fails to pay the penalty, fine or administrative costs set by the Hearing Officer on the day of the hearing; provided, however, that the Hearing Officer shall have no authority to waive, or impose interest charges in an amount less than, the minimum interest charges set by the City Council;
(8) Postpone or continue a defendant’s hearing to a later hearing date;
(9) Impose, when applicable, enforcement expenses pursuant to § 11.15(D);
(10) Ask questions of parties and witnesses; and
(11) Order, regardless of fines imposed or costs assessed, the defendant to perform a term of community service.
(Ord. 2008-11, passed 4-24-2008; Ord. 2015-65, passed 11-2-2015)