§ 1-6.505. Conduct of the Administrative Appeal Hearing.

(a)

At the time set for the administrative appeal hearing, the hearing officer shall proceed to hear testimony from the representative of the City, the appellant and any other competent persons with respect to imposition of an administrative penalty.

(b)

The proceedings at the hearing shall be reported by a tape recording. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the requesting party's own expense.

(c)

The hearing officer may, upon request of the responsible party against whom a penalty is to be imposed, or upon request of the City, grant continuances from time to time for good cause shown, or upon his/her own motion.

(d)

The administrative hearing is intended to be informal in nature. Formal rules of evidence and discovery do not apply.

(e)

The parties may represent themselves or be represented by any person of their choice.

(f)

If a party does not proficiently speak or understand the English language, he/she may provide an interpreter, at that party's own cost, to translate for the party. The interpreter shall not have any personal involvement in the issues of the case prior to the hearing.

(g)

Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his or her case.

(h)

The standard of proof to be used by the hearing officer in deciding the issues at an administrative hearing is by a preponderance of the evidence.

(i)

The City bears the burden of proof at an administrative hearing to establish the existence of a violation of this Code or applicable State Codes. In the case of an abatement hearing the City bears the burden of proof to establish the existence of a public nuisance.

(j)

In the case of a violation related to property in the City, the hearing officer may inspect the building and premises involved in the hearing prior to, during, or after the hearing, provided that:

(1)

Notice of such inspection shall be given to the party before the inspection is made;

(2)

The parties consent and are given an opportunity to be present during the inspection; and

(3)

The hearing officer shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, the material facts observed and the conclusions drawn therefrom. Notice to the parties, or the owner's consent to inspect the building and surrounding properties is not required if the property can be inspected from areas in which the general public has access or with permission of other persons authorized to provide access to the property on which the building is located.

(Added by Ord. 3102-C.S., § 1, effective 11-26-98)