7.1. SR 04-06-2009 - Laserfiche WebLink

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Sec. 50-211. Conduct of administrative hearing. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence do not apply. The hearing board must record the hearing and receive testimony and exhibits. The board must receive and give weight to evidence, including reliable hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. (Ord. No. 08-10, § 1, 9-15-2008) Sec. 50-212. Decision and penalties. (a) The hearing board has the authority to determine that a violation occurred, to dismiss a citation, to impose the scheduled fine, and to reduce, stay, or waive a scheduled fine either unconditionally or upon compliance with appropriate conditions. When imposing a penalty for a violation, the hearing board may consider any or all of the following factors: (1) The duration of the violation; (2) The frequency or recurrence of the violation; (3) The seriousness of the violation; (4) The history of the violation; (5) The violator's conduct after issuance of the notice of hearing; (6) The good faith effort by the violator to comply; (7) The economic impact of the penalty on the violator; (8) The impact of the violation upon the community; and (9) Any other factors appropriate to a just result. (b) The hearing board may exercise its discretion to impose a fine for more than one day of a continuing violation, but only upon a finding that the violation caused a serious threat of harm to the public health, safety, or welfare or that the accused intentionally and unreasonably refused to comply with the code requirement. The hearing board's decision and supporting reasons must be in writing. (Ord. No. 08-10, § 1, 9-15-2008) Sec. 50-213. Failure to comply or appeal. Failure to pay the administrative penalty identified in a citation, or to request a hearing within seven days after the citation, or failure to attend the hearing, constitutes a waiver of the violator's rights to an administrative hearing and is an admission of the violation. A hearing board may waive this result upon good cause shown. Examples of "good cause": death or incapacitating illness of the accused; a court order requiring the accused to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing. "Good cause" does not include forgetfulness and intentional delay. (Ord. No. 08-10, § 1, 9-15-2008) Sec. 50-214. Appeal to city council. (a) Any decision of the. hearing board may be appealed to the city council by submitting a request in writing to the city administrator within seven days after the hearing board's decision. S:\Council\Lori\2009\Appoint Reps to Admire Hearing Board 04 OG 09.doc