(1) Each hearing for the adjudication of a violation pursuant to this Chapter shall be held before a Code Violation Hearing Examiner.
(2) The officer issuing the ticket shall not be required to appear at the hearing unless the respondent has denied liability and the Code Violation Hearing Examiner determines that the officer's presence is required. The Code Violation Hearing Examiner may grant a reasonable continuance if the officer is not available at the time of hearing. The Code Violation Hearing Examiner may also issue a subpoena to compel the production at the hearing of any document, paper or record relevant to the violation charged. The City shall not be required to submit any evidence other than the ticket. Such documentation in proper form (including without limitation any facsimile of the original ticket which has been transferred onto microfilm, computer tape or other form of data storage) shall be considered prima facie evidence that the person to whom the ticket was issued was the person who committed the violation. The presence of an attorney or other representative of the City shall not be required.
(3) If a person fails to answer in response to a ticket or fails to appear at a hearing when required to do so, or, having admitted commission of the violation (with or without explanation), fails to pay the fines, costs and additional fees assessed, the Code Violation Hearing Examiner shall enter an order by default sustaining the charges, fix the appropriate fine or other penalty and assess appropriate costs and additional fees, if any. 347
(4) An order by default may be vacated by the Code Violation Hearing Examiner within one (1) year after its entry only upon written application setting forth (i) a sufficient defense to the charge, and (ii) excusable neglect as to the respondent's failure to attend the hearing.
(5) Hearings shall be conducted in a fair and appropriate manner. Technical rules of evidence shall not apply, and all relevant evidence of reasonably probative value may be received. All testimony shall be given under oath or affirmation. A record shall be made of a hearing of a contested violation, and recording devices may be used for such purposes.
(6) After due consideration of the evidence and arguments offered in a contested care, the Code Violation Hearing Examiner shall determine whether the charges have been established. If the Code Violation Hearing Examiner determines the charges have not been established, an order dismissing the charges shall be entered. If the Code Violation Hearing Examiner determines the charges have been established, he shall enter an order sustaining the charges, fixing the appropriate fine, and assessing costs and additional fees, if any, as appropriate.
(7) Upon entry of an order determining liability for a violation, the Bureau of Administrative Adjudication shall notify the operator or owner, by first class mail: (i) of the violation charged, and (ii) of the entry of an order determining liability for a violation.
Notes
| 347 | Amended, Bill No. 030245 (approved July 31, 2003). |