A. At the time set for hearing, the hearing examiner must hear the testimony of city personnel, the appellant, and other competent persons, including members of the public, respecting those matters or issues specifically listed by the appellant in the notice of appeal.
B. The proceedings at the hearing must be electronically recorded. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense.
C. The hearing examiner may, upon his or her own accord or upon request of the appellant or the department, for good cause shown, grant continuances.
D. The hearing examiner may upon his or her own accord or upon request of the appellant or the department, inspect the appellant's premises prior to, during, or after the hearing, provided that:
1. Notice of the inspection must be given to the parties before the inspection is made; and
2. The parties' consent and are given an opportunity to be present during the inspection.
E. Failure of any person to file a timely appeal in accordance with the provisions of this section constitutes an irrevocable waiver of the right to an administrative hearing and the notice of administrative enforcement order shall be final.
F. Each party may rebut or explain the matters so stated by the hearing examiner either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.
G. Notice to the parties, or the owner(s)' consent to inspect the property is not required if the property can be inspected from areas to which the general public has access or with permission of other persons authorized to provide access to the property or buildings located on the property.
H. In any proceedings under this chapter, the hearing examiner may administer oaths and affirmations and certify official acts. (Ord. 2023-0024 § 81; Ord. 2021-0003 § 15)