CHAPTER 1. GENERAL PROVISIONS.
Article II. Administrative Remedies.
Sec. 1-34. Hearing--Findings and order.
(a) At the place and time set forth in the notice of hearing,
the administrative hearing officer shall conduct a hearing on the Compliance
Order issued pursuant to Section 1-28.
(b) The administrative hearing officer shall consider any
written or oral evidence consistent with its rules and procedures regarding the
violation and compliance by the violator and/or by the real property owner,
including but not limited to:
(1) The report of the Director or his or her
(2) Objections or protests of property owners or other
responsible or interested persons who may be held liable for the amounts owed or
whose property may be assessed or liened for the amounts owed;
(3) Evidence on whether the person before the officer is
responsible for the amounts owed to the city;
(4) Whether the violator or owner has taken the required
corrective action within the required time period; and
(5) Such other and further evidence as justice may
(c) Within a reasonable time following the conclusion of the
hearing, the administrative hearing officer shall make findings and issue its
(1) The existence of the violation; and
(2) The failure of the violator or owner to take required
corrective action within the required time period.
(d) The administrative hearing officer shall issue written
findings on each violation. The findings shall be supported by evidence received
at the hearing.
(e) If the administrative hearing officer finds by a
preponderance of the evidence that a violation has occurred and that the
violation was not corrected within the time period specified in the Compliance
Order, the officer shall issue an Administrative Order.
(f) If the administrative hearing officer finds that no
violation has occurred or that the violation was corrected within the time
period specified in the Compliance Order, the officer shall issue a finding of
those facts. (Ord. No. 2423 (NCS), § 1.)