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<br /> (b) The hearing on appeal shall be set for a date not less than fifteen (15) days nor <br />more than forty-five (45) days from the date the request for hearing form is filed, unless the <br />Enforcement Officer determines that the matter is urgent or that good cause exists for an <br />extension of time, in which case the date for such hearing may be shortened, or extended, as <br />warranted by the circumstances. <br /> (c) Any other hearing set pursuant to a request for hearing shall be set for a date not <br />less than fifteen (15) days nor more than forty-five (45) days from the date the request for <br />hearing was received by the City Clerk. <br /> (d) A hearing under authority of this section shall be conducted according to the <br />procedures set forth in this subsection. The failure of any interested party to appear at the hearing shall constitute a waiver of the right to such hearing and a failure by such party to exhaust their <br />administrative remedies. <br /> (1) When a request for hearing is filed, the City Clerk shall set the time and place for <br />hearing pursuant to subsection (b) or (c), and shall serve a notice of hearing by regular mail to <br />the appellant at the address provided in the request for hearing form. The time for such hearing shall be no sooner than ten (10) days from the date of said notice of hearing. <br /> (2) At the place and time set forth in the notice of hearing, the Administrative <br />Hearing Body shall conduct a hearing on the issues subject to the appeal, the alleged violations <br />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 is the subject of the appeal, including, but not limited to, whether a violation has occurred and/or that <br />the violation continues to exist, or any matter pertaining to any penalty. The Administrative <br />Hearing Body may consider any written or oral testimony and evidence regarding the issue <br />presented by the alleged appellant, the owner, any officer, employee, or agent of the City, and any other interested party. <br /> (3) After receiving all of the evidence presented, the public portion of the hearing <br />shall be closed. The Administrative Hearing Body may then deliberate and consider what action, <br />if any, should be taken, or may adjourn the hearing and take the matter under consideration. <br /> (4) Within thirty (30) days following the conclusion of the hearing, the <br />Administrative Hearing Body shall issue written findings and make a determination regarding the issue on appeal. <br /> (i) The Administrative Hearing Body shall issue written findings and make a <br />determination regarding the existence of the violation and/or the failure of the responsible party <br />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 <br />notice of violation or with the issuance of the penalty, the Administrative Hearing Body shall <br />issue its decision including any Administrative Order in accordance with Section 1-12-430, <br />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. <br />239