§ 40.04 POWERS OF THE HEARING OFFICER.
   (A)   Preside at an administrative hearing called to determine whether or not a code violation exists.
   (B)   At the request of any party or on the administrative hearing officer's own motion, issue subpoenas for the attendance of relevant witnesses and/or the production of relevant books, records, or other information. Subpoena issuance shall be at the discretion of the administrative hearing officer, where it is determined that the requested witness or document is material to the defense of the allegations and does not constitute a needless presentation and that the elements of the defense sought to be proved could not otherwise be established without the production of the requested evidence.
   (C)   Administer oaths to witnesses, hear testimony, ask questions of the parties and witnesses, if necessary, to ensure the clarity and completeness of the testimony and the record, and accept evidence that is relevant to the existence of a code violation.
   (D)   Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing.
   (E)   Issue a written determination based on a review of the notice of violation, citation, other charging documents and based upon the evidence presented at the hearing, stating whether a code violation exists. The determination shall be in writing.
   (F)   Impose penalties consistent with applicable code provisions and assess costs upon finding a party liable for the charged violation. When applicable, each day a code provision is found to have been violated by the respondent shall constitute a separate offense, and each separate offense subjects the respondent to the penalty provided by the governing penalty provision.
   (G)   Impose, in addition to fines, administrative and enforcement costs and, when applicable, imposing costs incurred by the city for effecting compliance with code provision(s) for which a respondent has been found liable.
(Ord. 1625, passed 1-18-17)