(A) Evidentiary rules. The administrative citation is prima facie evidence of the respective facts contained in the citation. Both the citee and code enforcement officer have the opportunity to testify and present additional evidence concerning the administrative citation. Evidence may include, without limitation, witness testimony, documents, or other similar evidence. Evidence sought to be introduced is not limited to any legal rules of evidence except for the rule that it must be relevant and material to the issues of whether the violation alleged in the citation occurred and whether the citee was responsible for the violation.
(B) Waiver of personal appearance at hearing. In lieu of personally appearing at an administrative hearing, the citee may request that the hearing officer decide the matter based on the citation itself and any other documentary evidence submitted by the citee or code enforcement officer before the hearing date.
(C) Failure to appear at hearing. Failure of a citee to appear at the hearing is deemed a waiver of the right to be personally present at the hearing. The hearing officer must then decide the matter based upon the citation itself, any documentary evidence previously submitted, and any additional evidence that may be presented at the hearing by the code enforcement officer.
(D) Attendance of code enforcement officer. The code enforcement officer who issued the administrative citation may, but is not required to, attend the administrative hearing. If the code enforcement officer does not attend, the code enforcement officer may, before the hearing date, submit reports, photos or other documentation regarding the violation to the hearing officer for consideration at the hearing.
(E) Continuation of hearings. The hearing officer may continue any hearing and request additional information from the code enforcement officer or citee before issuing a written decision.
(Ord. 1092, passed 1-20-04)