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(A) The administrative hearing shall be conducted by a hearing officer on the date, time, and location specified in the civil citation.
(B) The city manager shall ensure that all information relevant to the civil citation is provided to the hearing officer prior to the hearing date. The city manager shall provide the person who received the civil citation with a copy of all information provided to the hearing officer.
(C) The person who received the civil citation shall be allowed to testify and to present evidence relevant to any financial hardship or to the violation cited.
(D) The civil citation and any other reports prepared by the enforcement officer concerning the violation and provided to the hearing officer shall be accepted by the hearing officer as prima facie evidence of the code violation and of the facts stated in such documents.
(E) Neither the enforcement officer nor any other representative of the city shall be required to attend an administrative hearing. The hearing officer shall not require that the enforcement officer submit any evidence other than a copy of the civil citation. The enforcement officer may, in his/her discretion, appear at an administrative hearing and/or submit additional evidence.
(F) If a request is made by the person who received the citation or a representative of the city setting forth good cause for a continuance, the hearing officer may continue an administrative hearing.
(G) If a continuance is granted, a new hearing date shall be set within 45 days and shall be specified in the notice of continuance. If a continuance is denied, the administrative hearing shall proceed as scheduled. The decision of the hearing officer to grant or deny a continuance shall be final and is not subject to judicial review.
(H) An administrative hearing shall be conducted informally without strict adherence to the legal rules of evidence.
(I) Failure of the person who received the civil citation to appear at a hearing shall constitute an abandonment of the hearing and a failure to exhaust administrative remedies concerning the violation set forth in the civil citation. Failure to appear by the person who received the citation shall be noted on the notice of decision by the hearing officer which will be mailed to said person.
(Ord. No. 2734)