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(A) The hearing officer shall conduct the public nuisance hearing not later than 30 calendar days after service of the notice of hearing as set forth in section 5-4. The hearing shall be held at the location, time and date set forth in the notice.
(B) Upon the request of any party and the showing of good cause, the hearing officer may grant a reasonable continuance of either the preliminary hearing or public nuisance hearing.
(`64 Code, Sec. 5-2.4) (Ord. No. 2239, 2375, 2639)
The hearing officer may determine whether oral evidence shall be taken under oath or affirmation. The hearing officer shall receive oral evidence given in either a formal or informal style. The hearing officer shall permit the parties to call and examine witnesses, to introduce exhibits, to cross-examine witnesses on any matter relevant to the issues even though such matter was not covered on direct examination, and to impeach any witness regardless of which party first called the witness to testify.
(`64 Code, Sec. 5-2.5) (Ord. No. 2239, 2375, 2639)
The hearing officer shall admit any relevant evidence if the evidence is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make such evidence improper. The hearing officer shall admit such improper evidence for any purpose but such evidence shall not be sufficient itself to support a finding unless the evidence would be admissible over objection in a civil action under the formal rules of evidence or unless the evidence is corroborated by otherwise admissible evidence.
(`64 Code, Sec. 5-2.6) (Ord. No. 2239, 2375, 2639)
The hearing officer shall, at the request of any party, issue subpoenas and subpoenas duces tecum for the attendance of witnesses or production of documents at the preliminary hearing or public nuisance hearing. Any person duly subpoenaed to appear and testify or to produce any books and papers who wrongfully neglects or refuses to appear or to testify or to produce such books and papers shall be guilty of a misdemeanor.
(`64 Code, Sec. 5-2.7) (Ord. No. 2239, 2375, 2639)
The hearing officer shall record the preliminary hearing and the public nuisance hearing on a recording device and shall make such recording available to the parties upon request. The hearing officer shall provide a copy of the recording or a transcript prepared therefrom to any party who requests it and who deposits with the city treasurer the estimated cost of making such copy or preparing such transcript.
(`64 Code, Sec. 5-2.8) (Ord. No. 2239, 2375, 2639)
(A) The hearing officer shall determine what actions are reasonably necessary in order to resolve the issues presented at the public nuisance hearing. If the hearing officer determines that the animal in question is a public nuisance in violation of subsections (A)(2) through (A)(4) of section 5-2, the hearing officer shall order the animal humanely destroyed.
(B) If the hearing officer determines that the animal in question is a public nuisance in violation of another portion of section 5-2, the hearing officer shall make an order with conditions that are reasonably calculated to assure that the animal does not continue to be a public nuisance.
(C) If the hearing officer determines that the animal in question is a public nuisance, then the order of the hearing officer shall include the requirement that the owner or keeper of the animal pay the animal pound fees if the animal was impounded.
(`64 Code, Sec. 5-2.10) (Ord. No. 2239, 2375, 2639)
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