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weight to evidence, including reliable hearsay evidence, which possesses probative value <br />commonly accepted by reasonable and prudent people in the conduct of their affairs. <br />(D) The Hearing Board has the authority to determine that a violation occurred, to <br />dismiss a citation, to impose the scheduled fine, and to reduce, stay, or waive a scheduled <br />fine either unconditionally or upon compliance with appropriate conditions. When <br />imposing a penalty for a violation, the Hearing Board may consider any or all of the <br />following factors: <br />(1) The duration of the violation; <br />(2) The frequency or recurrence of the violation; <br />(3) The seriousness of the violation; <br />(4) The history of the violation; <br />(5) The violator's conduct after issuance of the notice of hearing; <br />(6) The good faith effort by the violator to comply; <br />(7) The economic impact of the penalty on the violator; <br />(8) The impact of the violation upon the community; and <br />(9) Any other factors appropriate to a just result. <br />(E) The Hearing Board may exercise discretion to impose a fine for more than one day <br />of a continuing violation, but only upon a finding that the violation caused a serious threat <br />of harm to the public health, safety, or welfare or that the accused intentionally and the <br />unreasonably refused to comply with the code requirement. The Hearing Board's decision <br />and supporting reasons must be in writing. <br />(1) The failure to pay the fine or request a hearing within seven days after the <br />citation, or the failure to attend the hearing, constitutes a waiver of the violator's rights to an <br />administrative hearing and is an admission of the violation. A Hearing Board may waive this <br />result upon good cause shown. Examples of "good cause": death or incapacitating illness <br />of the accused; a court order requiring the accused to appear for another hearing at the same <br />time; and lack of proper service of the citation or notice of the hearing. "Good cause" does <br />not include: forgetfulness and intentional delay. <br />(2) The decision of the Hearing Board is final without any further right of <br />administrative appeal, except for matters subject tO administrative review under Section <br />xx.O6. In a matter subject to administrative review under Section xx.O6, the Hearing Board's <br />decision may be appealed to the City Council by submitting a request in writing to the City <br />Administrator or designated agent within seven days after the Hearing Board's decision. <br />S:\PLANNING MAIN\Case Files\OA\OA 08-07 Administrative Citations\Ordinance revised for hearing board.doc <br />