§ 1.05.150. Hearing procedures.

(a)

The hearing shall be conducted by the hearing authority on the date, time, and location specified in a notice of hearing issued to the appellant.

(b)

An administrative citation and other reports prepared by an enforcement officer concerning a Code violation shall be accepted by the hearing authority as prima facie evidence of the facts stated in such documents.

(c)

The hearing authority shall allow the appellant an opportunity to testify at the hearing and to present evidence about any Code violation specified in the administrative citation.

(d)

The enforcement officer and other representatives of the City may, but need not, attend the hearing.

(e)

The hearing authority may continue a hearing from time to time and allow an appellant or other responsible person additional time to remedy a violation. In addition, the hearing authority may request additional information or evidence from the appellant.

(f)

All hearings shall be recorded on a video, audio, digital or computer device, unless the City elects to use a court reporter. If a court reporter is not used, the City need not provide transcriptions of any hearings, but, within 15 calendar days after payment of reasonable duplication fee, shall make a copy of the video or audio recordings available to any responsible person with respect to the Code violations which were the subject of the hearing. If a court reporter is used, such a responsible person may obtain a copy of the transcript upon payment of any fees or costs incurred by the City in obtaining and providing the transcript.

(g)

A hearing need not be conducted in accordance with the technical rules of evidence. Any relevant evidence may be admitted if it is evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might consider such admission improper in a civil action. The hearing authority may exclude irrelevant or unduly repetitious evidence. The appellant, and enforcement officer, if present, shall have an opportunity to present evidence and witness and to cross examine witnesses. An appellant may bring an interpreter to the hearing, provided there is no expense to the City therefor. The hearing authority may question any person who presents evidence or who testifies at any hearing.

(h)

After considering all testimony and evidence submitted at the hearing, the hearing authority shall issue a written decision to affirm, modify or dismiss the administrative citation in whole or in part. The decision shall include the hearing authority's findings, as well as information regarding the cited person's right to seek judicial review of the decision and the time in which to do so. The City shall issue the hearing authority's written decision (the "notice of decision") to the appellant. The decision of the hearing authority shall be final.

(i)

If the hearing authority determines that the administrative citation should be affirmed in whole or in part, the City shall retain any funds on deposit as payment of the fine (to the extent needed) for any Code violation affirmed and any penalty or interest whether or not with respect to an affirmed Code violation. The City shall issue a refund to the person who paid the fine (or part thereof) for any Code violation which is not affirmed and, if an administrative citation is overturned in its entirety, any penalties and interest imposed on account of that administrative citation, as well.

(Prior Code, § 1515)