A. Hearing Set: Upon receipt of a timely and complete appeal filed pursuant to section 1.22.080 of this chapter, the city clerk shall set a hearing before the administrative hearing officer. The hearing shall be set no less than fifteen (15), but no more than sixty (60), days from the date the appeal is filed. If a hearing cannot be set within this time period, the citation shall be dismissed.
B. Testimony And Evidence; Administrative Hearing Officer's Powers:
1. Formal rules of evidence shall not apply. The administrative hearing officer may decide upon the trustworthiness of all evidence.
2. Hearsay evidence may be admitted and relied upon, at the discretion of the administrative hearing officer.
3. Relevant documents may be received into evidence without formal proof of authenticity. The administrative hearing officer shall determine the weight, if any, to be afforded documents received into evidence.
C. Record Of Proceedings: The city may record the proceedings. Either party, at its own expense, may provide a certified court reporter to take and transcribe the proceedings.
D. Postponement: For good cause shown, a postponement may be granted by the administrative hearing officer.
E. Testimony; Evidence: The party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.
F. Prima Facie Evidence; Rebuttal: The administrative citation and any additional documents submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. The party contesting the administrative citation may rebut the presumption with relevant evidence.
G. Additional Information: Prior to rendering a decision, the administrative hearing officer may seek additional information from any party.
H. Failure To Appear: Any person filing an appeal who does not appear at the hearing, after notice of the date and time of the hearing, shall be deemed to have waived the right to a hearing. In such a case, the administrative hearing officer may issue an order based solely on submitted written materials.
I. Rules; Procedures: The administrative hearing officer may adopt rules and procedures to govern hearings. These rules and procedures shall be kept by the city clerk and made available at the hearings. (Ord. 2792, 2013)