CHAPTER 14A. NUISANCES.
Article VII. Administrative Citations.
Sec. 14A-7-9. Hearing procedure—Fees.
(a) A hearing request shall be deemed filed upon receipt of a hearing
request form by the city clerk’s office and the payment of any hearing fee
which may be established by city council resolution. Any hearing fee shall not
exceed the reasonable cost to the city of a hearing.
(b) The hearing before
the hearing officer shall be set for a date that is not less than fifteen and
not more than sixty calendar days from the date of the hearing request. The
person requesting the hearing shall be notified of the time and place set for
the hearing at least fifteen calendar days prior to the date of the
(c) The hearing officer shall only consider evidence that is
relevant to the hearing matter.
(d) The person requesting the hearing shall
be given the opportunity to testify and present witnesses and evidence
concerning the hearing matter.
(e) The failure to appear at the hearing
shall constitute a forfeiture of any fine and a failure to exhaust
(f) Any documents submitted by the city shall
constitute prima facie evidence of the respective facts contained in those
(g) If the city submits an additional written report concerning
the hearing matter to the hearing officer for consideration at the hearing, then
a copy of the report shall also be served on the person requesting the hearing
in accordance with Section 14A-7-4 of this article at least five days prior to
the date of the hearing.
(h) At least ten days prior to the date of the
hearing, the person requesting the hearing shall be provided with copies of the
citations, reports and other documents submitted or relied upon by the city. No
other discovery is permitted. Formal rules of evidence shall not
(i) The hearing officer may continue the hearing and request
additional information from the city or the person requesting the hearing prior
to issuing a written decision.
(j) After considering all of the testimony
and evidence submitted at the hearing, the hearing officer shall issue a written
decision within ten days of the date of the hearing and shall list in the
decision the reasons for that decision. The decision of the hearing officer
shall be final.
(k) The person requesting the hearing shall be served with a
copy of the hearing officer’s written decision in the manner prescribed by
Section 14A-7-4 of this article.
The hearing officer is not required to
provide transcriptions of hearings, but is required to make available tapes of
hearings for a fee. (Ord. No. 1443, § 3 (part).)