1.26.040 Hearing before the hearing examiner.
A. Notice. A person to whom a notice of civil violation is used will be scheduled to appear before the hearing examiner not less than ten days but no more than forty-five days after the notice of civil violation is issued. Extensions may be granted at the discretion of the city official in charge of the matter.
B. Prior Correction of Violation. The hearing will be canceled and no monetary penalty will be assessed if the applicable city official approves the completed required corrective action at least forty-eight hours prior to the scheduled hearing.
C. Procedure. The hearing examiner shall conduct a hearing on the civil violation pursuant to the rules of procedure of the hearing examiner. The responsible city official and the person to whom the notice of civil violation was directed may participate as parties in the hearing and each party may call witnesses. The city shall have the burden of proof to demonstrate by a preponderance of the evidence that a violation has occurred and the required corrective action will correct the violation.
D. Decision of the Hearing Examiner.
1. The hearing examiner shall determine whether the city has established by a preponderance of the evidence that a violation has occurred and that the required correction will correct the violation and shall affirm, vacate, or modify the city’s decision regarding the violation and/or the required corrective action.
2. The hearing examiner shall issue an order to the person responsible for the violation which contains the following information:
a. The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision; and/or
b. The required corrective action; and/or
c. The date and time by which the correction must be completed; and/or
d. The monetary penalties assessed.
3. Notice of Decision. The hearing examiner shall mail a certified copy of the decision to the person to whom the notice of a civil violation was issued and the responsible city official within ten working days of the hearing.
E. Failure to Appear. If the person to whom the notice of civil violation was issued fails to appear at the scheduled hearing, the examiner will enter an order with findings and assess a monetary penalty.
F. Appeal to Superior Court. An appeal of the decision of the hearing examiner must be filed with the superior court within thirty calendar days from the date the hearing examiner’s decision was personally served upon or was mailed to the person to whom the notice of civil violation was directed. (Ord. 1191-21 § 2 (Exh. A), 2021; Ord. 835 § 4, 1997).