My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
ORD 08-010
ElkRiver
>
City Government
>
City Council
>
Council Ordinances
>
2000 - 2009
>
2008
>
ORD 08-010
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
10/16/2013 1:46:20 PM
Creation date
9/22/2008 9:49:31 AM
Metadata
Fields
Template:
City Government
type
ORD
date
9/15/2008
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
7
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
by mail on the person responsible for the violation at least ten days in advance, unless a shorter <br />time is accepted by all parties. <br />Sec. 50 -210 Conduct of Administrative Hearing. <br />At the hearing, the parties will have the opportunity to present testimony and question <br />any witnesses, but strict rules of evidence do not apply. The Hearing Board must record the <br />hearing and receive testimony and exhibits. The Board must receive and give weight to <br />evidence, including reliable hearsay evidence, which possesses probative value commonly <br />accepted by reasonable and prudent people in the conduct of their affairs. <br />Sec. 50 -211 Decision and Penalties. <br />(a) 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 fine <br />either unconditionally or upon compliance with appropriate conditions. When imposing a <br />penalty for a violation, the Hearing Board may consider any or all of the 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 />(b) The Hearing Board may exercise its discretion to impose a fine for more than one <br />day of a continuing violation, but only upon a finding that the violation caused a serious threat of <br />harm to the public health, safety, or welfare or that the accused intentionally and unreasonably <br />refused to comply with the code requirement. The Hearing Board's decision and supporting <br />reasons must be in writing. <br />Sec. 50 -212 Failure to Comply or Appeal. <br />Failure to pay the administrative penalty identified in a citation, or to request a hearing <br />within seven days after the citation, or failure to attend the hearing, constitutes a waiver of the <br />• violator's rights to an administrative hearing and is an admission of the violation. A Hearing <br />Board may waive this result upon good cause shown. Examples of "good cause ": death or <br />
The URL can be used to link to this page
Your browser does not support the video tag.