8.23.040 Hearing.
A. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with the owner’s reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that the landowner has not subsequently acquiesced in its presence, the hearing examiner shall not assess costs of administration or removal of the vehicle against the owner of the property upon which the vehicle is located and the city shall not otherwise attempt to collect any costs from the property owner.
B. The hearing examiner shall have the power to:
1. Administer oaths and affirmations and examine witnesses;
2. Issue subpoenas upon the request of any party. The hearing examiner, the city attorney and any officer authorized to enforce this chapter are also authorized to issue subpoenas. When so required, the applicant for the subpoena shall show to the satisfaction of such individual the general relevance and reasonable scope of the evidence sought;
3. Rule on offers of proof; admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent people in the conduct of their affairs. The hearing examiner shall give effect to the rules of privilege recognized by law. The hearing examiner may exclude incompetent, irrelevant, immaterial, and/or unduly repetitious evidence. Factual issues shall be resolved by a preponderance of the evidence standard. Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference. The hearing examiner may also take notice of judicially cognizable facts;
4. Regulate the course of the hearing, including granting of continuances, imposition of penalties for disruption of the orderly process or refusal to comply with lawful orders of the violations hearing examiner;
5. Assess administrative costs of up to $500.00 against any person(s) to whom a notice of violation is issued that has not completed the corrective action required therein by the required date. Administrative costs include but are not limited to personnel costs, both direct and indirect and including attorney’s fees, costs incurred in documenting the violation, actual expenses and costs of the City in preparing notices, and the costs of any required printing, copying and mailing;
6. Dismiss one or more of the allegations set forth in the notice of violation upon a determination that said allegation does not exist substantially as stated therein; and
7. Make decisions that can be incorporated into findings of fact, conclusions of law and order of the hearing examiner and enter orders of default and consent orders. The orders may include the following:
a. A requirement that ordinance violations be abated in accordance with the manner prescribed by the hearing examiner;
b. Imposition of a monetary penalty as set forth in this chapter;
c. Suspension of any portion or all of the monetary penalty, conditions of said suspension, and the period of time in which the violator must comply with the conditions of said suspension;
d. Authorization for the city or its designated agent to undertake and complete abatement, without further order of the hearing examiner, if the violation has not been completely abated within the time period set forth in the order;
e. Authorization for the city to assess the costs against the person(s) to whom the violation citation was issued in any manner to which it is entitled by law; and
f. A statement notifying the person(s) to whom the order is issued that the order may be appealed to a court of competent jurisdiction. (Ord. 1874 § 5, 2002).