§ 71-39. Administrative hearings.

(a)

Any administrative adjudication proceeding conducted by the bureau must be conducted before an administrative hearing officer.

(b)

An attorney who appears on behalf of any person must file a written appearance with the administrative hearing officer on a form provided by or approved by the administrative hearings bureau.

(c)

Prior to the start of an informal AHB hearing, upon the receipt of an appearance by any attorney, any scheduled informal AHB hearing shall be rescheduled as a formal AHB hearing.

(d)

Prior to the start of an informal AHB hearing, either the city or the person served with the notice of blight violation and notice of hearing may have an informal AHB hearing rescheduled as a formal AHB hearing upon written request.

(e)

At any informal AHB hearing or formal AHB, respondent may admit responsibility, admit responsibility with an explanation, or proceed with the hearing. Continuances may be requested by either party, however, the administrative hearing officer may only grant a continuance upon a finding of good cause.

(f)

The city may not be represented by an employee of the bureau; provided, however, that documentary evidence, including notice of violation, which has been prepared by another department or agency of the city, may be presented at the hearing by the administrative hearing officer.

(g)

All testimony must be given under oath or affirmation.

(h)

The administrative hearing officer may issue subpoenas to secure the attendance and testimony of relevant witnesses and the production of relevant documents. The issuance of subpoenas is subject to the restrictions contained in section 71-41.

(i)

Subject to subsection (l) of this section, the administrative hearing officer may, in unusual circumstances, permit a witness to submit testimony by affidavit or by telephone.

(j)

The formal and technical rules of evidence do not apply in the conduct of a hearing. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

(k)

The office of the city attorney at a formal AHB hearing or an authorized local official at an informal AHB hearing must prove the violation by a preponderance of the evidence; however, a violation notice, or a copy thereof, issued and signed in accordance with section 71-38 is prima facie evidence of the correctness of the facts specified therein.

(l)

Upon the timely request of any party to the proceeding, any person who the administrative hearing officer determines may reasonably expected to provide testimony that is material, and which does not constitute a needless presentation of cumulative evidence, must be made available for cross-examination before a final determination of liability.

(m)

The record of all hearings before an administrative hearing officer includes:

(1)

A record of the testimony presented at the hearing, which may be made by tape recording or other appropriate means;

(2)

All documents presented at the hearing, or scanned copies or digital copies thereof;

(3)

A copy of the notice of violation or notice of hearing; and

(4)

A copy of the findings and decision of the administrative hearing officer.

(n)

Within ten days of the conclusion of a hearing, the administrative hearing officer must issue a final determination of liability. Upon the issuance of a final determination of liability the administrative hearing officer may:

(1)

Impose penalties and or fines that are consistent with applicable provisions of this Code;

(2)

Issue orders that are consistent with applicable provisions of this Code; and/or

(3)

Assess costs reasonably related to instituting the administrative adjudication proceeding; provided, however, that the administrative hearing officer may not impose a penalty of imprisonment or, except in cases to enforce the collection of any tax imposed and collected by the city, where this limitation does not apply, impose a fine in excess of $10,000.00 exclusive of costs of enforcement and or costs imposed to secure compliance with this Code.

(o)

In the issuance of a final determination of liability, an administrative hearing officer must inform the respondent of his or her right to seek judicial review of the final determination.

(Ord. No. 1130, § 1, 8-17-2010; Ord. No. 1204, § 1, 12-3-2013)