CHAPTER 14A. NUISANCES.
Article II. Notice, Hearing, Appeal.
Sec. 14A-2-2. Hearing.
Upon receipt of a request for hearing, as set forth in Section 14A-1-5,
the city clerk shall set a time and date for hearing and notify the person
requesting the hearing of the time, date and place.
(a) The hearing shall be
held before a hearing officer who shall be appointed by the community
development director and who may be an employee of the city.
(b) At the time
of the hearing, the hearing officer shall receive testimony and evidence as
(1) The technical rules relating to witnesses and evidence need not
(2) Any relevant evidence shall be admitted if it is the type
of evidence on which reasonable persons are accustomed to rely on the conduct of
(3) The hearing officer and the city clerk shall be
authorized to administer oath;
(4) The proceedings at the hearing shall be
reported by a phonographic recorder;
(5) The hearing examiner may inspect
the premises involved in the hearing prior to, during or after the hearing;
(A) Notice of such inspection shall be given to the parties
before the inspection is made;
(B) If required by state or federal law, the
hearing examiner obtains the appropriate inspection warrant pursuant to Code of
Civil Procedure Section 1822.51, et seq. or obtains the consent of the owner or
occupant of the premises;
(C) The parties are given an opportunity to be
present during the inspection; and
(D) The hearing examiner shall state for
the record during hearing, or file a written statement after the hearing for
inclusion in the hearing record, upon completion of the inspection, the material
facts observed and the conclusion drawn therefrom.
(c) After the hearing,
the hearing officer shall render a decision, in writing, upholding or denying
the determination of a nuisance. If the hearing officer upholds the
determination of a nuisance, the written decision shall contain an order to
abate and a deadline for abatement. The notice of decision shall be served on
the person requesting the hearing by certified mail. (Ord. No. 1214 § 2(A):
Ord. No. 1081, (part).)