A hearing examiner appointed pursuant to Section 1.24.050 of this chapter shall have all the rights, duties, powers and privileges that would be vested in the city council if the council were conducting the hearing itself; provided, however, a hearing examiner shall have no power to declare an ordinance unenforceable or unconstitutional. The examiner's decision shall be based upon the criteria specified by ordinance or by law, that would have governed the decision of the city council, and may include any condition that might have been lawfully imposed by the city council. The hearing before the hearing examiner shall be de nova. (Prior code § 2.06.460)