13.05.400 HEARINGS AND APPEALS – SHOW CAUSE HEARINGS.
   A.   The city may order any user who violates any of the provisions of this chapter, or permit conditions to appear before a designated hearing officer to show cause why a proposed enforcement action should not be taken. Notice shall be provided to the user specifying the time and place of the hearing. A notice for a show cause hearing shall set forth the violation, the reason why an action is to be taken, the proposed enforcement action, and other pertinent information as will notify the user of the nature of the hearing. The user has the burden of proof to demonstrate that the proposed action should not be taken or that the decision, action, or determination previously made should be rescinded or modified. A notice of hearing shall be served personally or by registered or certified mail at least ten days before the hearing. Service of the notice may be made on an agent of the user or officer of the user's business entity.
   B.   A city employee or officer designated by the director of public works, or director of public works himself, may conduct the hearing and take evidence, or the city may designate another independent person to do so. The city shall not provide, as a matter of course, stenographic recording of the hearing. However, the user may provide for such stenographic recordation at its expense.
   C.   Once the hearing officer has reviewed the evidence, administrative orders may be issued which specifically relate to the issues set forth in the notice of show cause hearing. If the user is dissatisfied with the determination of, or the administrative order issued by the hearing officer, the user may file a written request for appeal to the City Manager. The request for appeal shall be filed with the City Clerk within ten days of issuance of the determination order of the hearing officer. (Ord. 01-102 § 2(part), 2001).