(b) A hearing before the hearing officer shall be set for a date that is not less than fifteen days and not more than sixty days from the date that the request for hearing is filed in accordance with the provisions of this chapter. The party contesting the administrative citation may request one continuance for any reason, provided that the hearing officer is given the request for continuance at least twenty four hours in advance of the scheduled hearing and that the deferred hearing shall not be deferred more than ninety days after the request for hearing was made. A request for continuance made less than twenty four hours before the scheduled hearing may be granted by the hearing officer based upon exigency only.
(c) At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence and cross-examine witnesses concerning the administrative citation. That contestant may appear personally or through an attorney. Prehearing discovery is not authorized, but subpoena of witnesses and documents shall be permitted as authorized by law. The hearing officer may conduct the hearing informally, both as to rules of procedure and admission of evidence, in any manner which will provide a fair hearing.
(d) The failure of any recipient of an administrative citation to appear at the administrative citation hearing or, in the alternative, to present written or demonstrative evidence shall constitute an admission of the violation by the recipient and an admission that the amount of the administrative penalty is appropriate as well as a failure to exhaust administrative remedies that may bar judicial review.
(e) The administrative citation and any additional report submitted by the code enforcement officer shall constitute presumptive evidence of the respective facts contained in those documents.
(f) The hearing officer may continue the hearing and request additional information from the code enforcement officer or the recipient of the administrative citation prior to issuing a written decision.
(Ord. 4572 § 2 (part), 1999)