A. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his or her case and to cross-examine witnesses. The city bears the burden of proof to establish a violation of the code. The citation and any additional reports submitted by the enforcement official shall constitute prima-facie evidence of the facts contained in those documents. In the discretion of the hearing officer, the evidence submitted in the hearing before the hearing officer may be either in the form of written declarations or by way of oral testimony. The enforcement official who issued the citation is not required to attend or participate in the hearing. All written declarations shall be made under penalty of perjury in compliance with Section 2015.5 of the California Code of Civil Procedure. The re
sponsible person may bring an interpreter to the hearing provided there is no expense to the city. The evidentiary standard to be used by the hearing officer in finding a violation of the code or of any fact at issue in the hearing is the preponderance of evidence standard.
B. If the responsible person fails to attend the scheduled hearing he or she shall be deemed to have waived the right to a hearing. In such instances, the hearing officer shall cancel the hearing and not render a decision. The citation shall be deemed final.
C. Hearings may be continued once at the request of a responsible person or the enforcement official who issued the citation. The hearing officer may also continue the hearing for cause. (Ord. 283 § 2, 2008)