A. Subpoenas: At any time prior to the date set for the hearing, the hearing officer assigned to hear the violation, at the request of the authorized person issuing the violation notice or the alleged violator, may direct witnesses to appear and give testimony at the hearing.
B. Continuances: No continuances shall be authorized by the hearing officer in proceedings under this chapter except in cases where a continuance is absolutely necessary to protect the rights of the alleged violator. Lack of preparation shall not be grounds for a continuance. Any continuance authorized by a hearing officer under this chapter shall not exceed twenty five (25) days.
C. Hearing And Evidence:
1. At the hearing, a hearing officer shall preside, shall hear testimony, and shall accept any evidence relevant to the existence or nonexistence of a city code violation. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings authorized by this chapter.
2. The case for the city may be presented by an attorney designated by the mayor or by any other city employee, except that the case for the city shall not be presented by an employee of the ordinance enforcement department. The case for the alleged violator may be presented to the alleged violator, his or her attorney, or any other agent or representative of the alleged violator.
3. If on the date set for hearing the alleged violator or his or her attorney fails to appear, the hearing officer may find the alleged violator in default and shall proceed with the hearing and accept evidence relevant to the existence of a code violation.
4. Upon finding the alleged violator in default, the ordinance enforcement administrator shall send or cause to be sent notices by first class mail, postage prepaid, to the violator who received the notice of an ordinance violation; or, in the case of a violation of title 10 of this code, the registered owner or operator of the "cited vehicle" at the address as is recorded with the secretary of state, and shall be sent to the lessee of the "cited vehicle" at the address last known to the lessor of the "cited vehicle" at the time of the lease. Service of notices sent in accordance herewith shall be complete as of the date of deposit in the United States mail.
D. Findings, Decision And Order: At the conclusion of the hearing, the hearing officer shall make a determination on the basis of the evidence presented at the hearing as to whether or not a code violation exists. The determination shall be in writing and shall be designated as the findings, decision, and order. The findings, decision, and order shall include: 1) the hearing officer's findings of fact; 2) a decision of whether or not a code violation exists based upon the findings of fact; and 3) an order that states the sanction or dismisses the case if a violation is not proven. A monetary sanction for a violation under this chapter shall not exceed seven hundred fifty dollars ($750.00). A copy of the findings, decision, and order shall be served on the violator within five (5) days after it is issued. Service shall be first class mail. Payment of any penalty or fine and the disposition of fine money shall be in the same manner as set forth in this code. (Ord. 0-07-05, 1-22-2007)