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8B Consent 2009 1102
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8B Consent 2009 1102
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10/30/2009 9:58:11 AM
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10/30/2009 9:58:10 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
11/2/2009
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PERM
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_CC Agenda 2009 1102
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Enforcement Officer determines that the matter is urgent or that good cause exists for an extension of time, in <br />which case the date for such hearing may be shortened, or extended, as warranted by the circumstances. <br />(d) A hearing under authority of this section shall be conducted according to the procedures set <br />forth in this subsection. The failure of any responsible party to appear at the hearing shall constitute a default <br />judgment against the responsible party and waiver of the right to such hearing and a failure by such party to <br />exhaust their administrative remedies. <br />(1) When a request for hearing is filed, the City Clerk shall set the time and place for hearing <br />pursuant to subsection (c), and shall serve a notice of hearing by regular mail to the appellant at the address <br />provided in the request for hearing form. The time for such hearing shall be no sooner than seven (7) days <br />from the date of said notice of hearing. <br />(2) Where the time and place for a hearing has been set pursuant to an order in the notice of <br />violation, the time and place for hearing shall be as provided therein, and no further notice of hearing shall be <br />required. <br />(3) At the place and time set forth in the notice of hearing, or notice of violation, the Administrative <br />Hearing Body shall conduct a hearing on the alleged violations and/or the imposition and amount of any <br />penalty. The Administrative Hearing Body shall provide for any interested person or persons to appear and <br />object to the determination that a violation has occurred and/or that the violation continues to exist, or any <br />matter pertaining to any penalty. The Administrative Hearing Body may consider any written or oral testimony <br />and evidence regarding the violation or penalty presented by the alleged violator, the owner, any officer, <br />employee, or agent of the City, and any other interested party. <br />(4) After receiving all of the evidence presented, the public portion of the hearing shall be closed. <br />The Administrative Hearing Body may then deliberate and consider what action, if any, should be taken, or <br />may adjourn the hearing and take the matter under consideration. <br />(5) Within thirty (30) days following the conclusion of the hearing, the Administrative Hearing <br />Body shall issue written findings and make a determination regarding the existence of the violation and/or the <br />failure of the responsible party to take required corrective action within the specified time period, or the validity <br />of any penalty imposed. If the Administrative Hearing Body finds by a preponderance of the evidence that a <br />violation occurred, or that a violation was not corrected within the time period specified in the notice of <br />violation, the Administrative Hearing Body shall issue its decision including any Administrative Order in <br />accordance with Section 3-2-250, below. If the Administrative Hearing Body finds that no violation occurred, <br />that the violation was corrected within the specified time period, or that the appellant is not the responsible <br />party, the Administrative Hearing Body shall issue a decision with written findings of those facts. <br />(6) The appellant shall be served with a copy of the decision of the Administrative Hearing Body, <br />including an Administrative Order if one is issued, in the manner and method set forth in Section 3-2-240(b), <br />above. <br />
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