§ 1-45. Hearing procedures

(a) Hearings shall be conducted by a hearing officer either: (i) on the date, time and place specified in the citation, (ii) on the date designated on the notice of decision when there was a request to waive the fine deposit which was heard on the date noted on the citation, or (iii) on a date set by the director at least ten (10) but not more than thirty (30) days after the citee requests a hearing pursuant to section 1-48(c) and at least ten (10) days notice thereof shall be given to the citee.

(b) The director shall ensure that the pertinent citation records are delivered to the hearing officer for a citation set for hearing, including information showing all fine deposits and waivers granted. The director shall also make available to the citee before the hearing a copy of any additional reports concerning the citation that are provided to the hearing officer.

(c) The citee shall be given the opportunity to testify and to present evidence relevant to financial hardship, the Code violation specified in the citation, or the fact that all fines have been paid. A parent or legal guardian of a citee who is a juvenile, under 18 years of age, shall accompany the citee at the hearing or any request or contest shall be deemed abandoned.

(d) The citation, and any other reports prepared by the code enforcement officer, or prepared at his or her request, concerning the Code violation, attempted correction of the Code violation, or fine payments that are provided to the hearing officer shall be accepted by the hearing officer as prima facie evidence of the code violation and the facts stated in such documents.

(e) Neither the code enforcement officer nor any other representative of the city shall be required to attend the hearing, nor shall the hearing officer require that there be submitted any evidence, other than the citation, that may exist among the public records of the city on the violation. However, any such appearance and/or submission may be made at the discretion of the code enforcement officer or any city employee or agent.

(f) The hearing officer, director, or city attorney may continue a hearing if a request is made by the citee, or the citee's representative, or the representative of the city, upon a showing of good cause. All continuance requests shall either (i) be made in person at the hearing by the citee or a representative if the citee is physically unable to attend, or (ii) be made by a written request received by the department at least twenty-four (24) hours before the hearing date. If the continuance is granted, a new hearing date shall be set within forty-five (45) days and noted on the notice of decision. If the continuance is denied, the hearing shall proceed as scheduled, and if the citee is not present the request shall be deemed abandoned in accordance with subdivision (h) below. The decision on the continuance request is final and the notice shall either be delivered personally to the citee or the representative if present or be mailed by the department. If the request for continuance is not made in person, the citee is responsible for determining whether the request is denied and the hearing is to proceed as scheduled.

(g) The hearing shall be conducted informally and the legal rules of evidence need not be followed. The hearing officer does not have the authority to issue a subpoena.

(h) The failure of the citee to appear at the hearing, unless the hearing was continued per subdivision (f) above, shall constitute an abandonment of the request for waiver of the fine deposit and/or administrative review, and a failure to exhaust administrative remedies concerning the violation as set forth in the citation. The fine deposit shall be credited by the city upon the fine due for the violation. The citee's failure to appear shall be noted on the notice of decision by the hearing officer and it shall be mailed to the citee.

(Ord. No. 97-27, § 3, 9-2-97; Ord. No. 00-12, § 1, 7-16-00)

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Former § 1-42