A. The superintendent is authorized to set a hearing if the superintendent determines that a show cause hearing should be conducted, if grounds exist to revoke or suspend a permit issued under this chapter, or if grounds exist to terminate utilities on a nonemergency basis.
B. Written notice of the hearing shall be served on a petitioner/violator at least ten (10) days prior to the hearing. Notice shall be served in person or by fax or certified mail, return receipt requested.
C. Notices shall specify the date, time and place of the hearing.
D. Notice that is mailed shall be deemed received five (5) days after it is placed in a mail receptacle of the United States postal service.
E. No decision may be rendered at a hearing by reason of the petitioner's/violator's failure to appear unless proof of service is shown.
F. For purposes of this section, the superintendent shall be empowered to administer oaths and to promulgate procedural rules for the conduct of the hearing.
G. Whenever any deadline specified in this section falls upon a Saturday, Sunday or a city recognized holiday, the deadline shall be the next regular city business day.
H. The date of an order or ruling required to be made under this section shall be deemed to be the date it is signed.
I. Decisions shall be based on a preponderance of the evidence. The city shall have the burden of proof in all hearings except permit denial hearings. In permit denial hearings, the burden of proof shall be on the petitioner.
J. The superintendent shall act as the hearing officer.
K. After the conclusion of the hearing, the superintendent shall make written findings of fact and conclusions of law and shall issue a written decision without undue delay.
L. A hearing shall exhaust all administrative remedies of the petitioner/violator. (Ord. 1076 §1, 2009)