8B Consent 2009 1116 - Laserfiche WebLink

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Enforcement Officer determines that the matter is urgent or that good cause exists for an extension of time, in which case the date for such hearing may be shortened, or extended, as warranted by the circumstances. (d) A hearing under authority of this section shall be conducted according to the procedures set forth in this subsection. The failure of any responsible party to appear at the hearing shall constitute a default judgment against the responsible party and waiver of the right to such hearing and a failure by such party to exhaust their administrative remedies. (1) When a request for hearing is filed, the City Clerk shall set the time and place for hearing pursuant to subsection (c), and shall serve a notice of hearing by regular mail to the appellant at the address provided in the request for hearing form. The time for such hearing shall be no sooner than seven (7) days from the date of said notice of hearing. (2) Where the time and place for a hearing has been set pursuant to an order in the notice of violation, the time and place for hearing shall be as provided therein, and no further notice of hearing shall be required. (3) At the place and time set forth in the notice of hearing, or notice of violation, the Administrative Hearing Body shall conduct a hearing on the alleged violations and/or the imposition and amount of any penalty. The Administrative Hearing Body shall provide for any interested person or persons to appear and object to the determination that a violation has occurred and/or that the violation continues to exist, or any matter pertaining to any penalty. The Administrative Hearing Body may consider any written or oral testimony and evidence regarding the violation or penalty presented by the alleged violator, the owner, any officer, employee, or agent of the City, and any other interested party. (4) After receiving all of the evidence presented, the public portion of the hearing shall be closed. The Administrative Hearing Body may then deliberate and consider what action, if any, should be taken, or may adjourn the hearing and take the matter under consideration. (5) Within thirty (30) days following the conclusion of the hearing, the Administrative Hearing Body shall issue written findings and make a determination regarding the existence of the violation and/or the failure of the responsible party to take required corrective action within the specified time period, or the validity of any penalty imposed. If the Administrative Hearing Body finds by a preponderance of the evidence that a violation occurred, or that a violation was not corrected within the time period specified in the notice of violation, the Administrative Hearing Body shall issue its decision including any Administrative Order in accordance with Section 3-2-250, below. If the Administrative Hearing Body finds that no violation occurred, that the violation was corrected within the specified time period, or that the appellant is not the responsible party, the Administrative Hearing Body shall issue a decision with written findings of those facts. (6) The appellant shall be served with a copy of the decision of the Administrative Hearing Body, including an Administrative Order if one is issued, in the manner and method set forth in Section 3-2-240(b), above. ORDINANCE N0.2009-009 5