A. Applicable Hearing Officer or Board. In accordance with the procedures set forth below, after receipt of a timely filed appeal, the following shall hear the appeal:

B. Time and Place of Hearings—Challenge of Hearing Officer and Board Member for Cause. Hearings shall be conducted by a hearing officer, the administrative review board or construction board of appeals, as applicable, on the date, time and place specified in writing by the city and delivered to the appellant in a hearing notice. Such date shall not be less than ten days or more than sixty days from the date the appeal was filed with the city clerk.

In the hearing notice, the city shall identify the hearing officer or members of the administrative review board or construction board of appeals hearing the appeal. An appellant may challenge a hearing officer or member(s) of the administrative review board or construction board of appeals from hearing their appeal, but only for good cause, and the reasons shall be specified in writing received by the director within ten days after the date of mailing of the notice. The fact that a hearing officer or member of the administrative review board or construction board of appeals has conducted a previous appeal hearing involving the person shall not constitute good cause. The director shall notify the challenged hearing officer or member(s) of the applicable board and give the challenged officer the opportunity to disqualify himself or herself. If he or she chooses not to disqualify, he or she shall do so in writing documenting the reasons why disqualification is not required. The appellant shall be notified of the challenged officer’s decision, and the hearing shall proceed as scheduled. The person’s challenge and the decision not to disqualify shall become part of the administrative record. If the hearing officer disqualifies himself or herself, the city attorney shall appoint another hearing officer. If a member or members of a board disqualifies(y) himself or herself, the hearing shall proceed with the remaining member(s) and a hearing officer(s) appointed by the city attorney to replace each disqualified member.

C. Appeal of Records. The director shall ensure that the administrative citation and any supporting documentation are delivered to the applicable hearing officer or board in sufficient time prior to the appeal hearing.

D. Presentation of Evidence. The appellant shall be given the opportunity to testify and to present evidence relevant to the code violation specified in the administrative citation.

E. Use of Reports as Evidence. The administrative citation and any documents, exhibits, reports or other materials prepared by city staff or by the director concerning a code violation or an attempted correction of a code violation that are provided to the applicable hearing officer or board shall be accepted by the hearing officer or board as prima facie evidence of the code violation and of the facts stated in such documents.

F. Witnesses—Additional Evidence—Submission of Written Evidence by Appellant Who Does Not Appear. Neither city staff nor any other representative of the city shall be required to attend the appeal hearing, nor shall the hearing officer nor applicable board require that there be submitted any evidence, other than the administrative citation and documentation relating to the citation that city relied on in issuing the citation, that may exist among the public records of the city with respect to the violation. However, any such appearance or submission may be made at the discretion of the director.

If the appellant has communicated that he or she does not intend to appear at the scheduled hearing, but submits written evidence to the hearing officer or board and the director at least ten days prior to the hearing, the hearing officer or board may consider that evidence. Any additional evidence prepared by city staff may also be considered by the hearing officer or board; provided, that it has been issued to the appellant, by certified mail, at least five days prior to the hearing.

G. Continuances. The applicable hearing officer or board may continue an appeal hearing if a request is made showing good cause by the appellant or the director. Except in case of medical or other emergency, all continuance requests shall be made by a written request received by the applicable hearing officer or board from the director or the appellant within five days of the date of the written notice advising of the time, date and place of hearing. If the continuance is granted, a new hearing date shall be set within thirty days. If the continuance is denied, the hearing shall proceed then and there as scheduled, and if the appellant is not present, and the appellant has not presented any written evidence pursuant to subsection F of this section, the request(s) shall be deemed abandoned in accordance with subsection J of this section.

H. Rules of Evidence. The appeal hearing shall be conducted informally and the legal or formal rules of evidence need not be followed.

I. No Subpoena Power. The hearing officer, the administrative review board and/or the construction board of appeals do not have the authority to issue a subpoena.

J. Failure to Appear. The failure of the appellant to appear at the hearing, unless the hearing was continued per subsection G of this section, or unless the appellant has submitted written evidence per subsection F of this section, shall constitute an abandonment of the appeal, and shall constitute a failure to exhaust administrative remedies concerning the violations set forth in the administrative citation.

K. Recordation of Board Hearings. The audio portion of every hearing before the construction board of appeals or the administrative review board shall be recorded. Any party to the hearing may, at their own expense, also record such hearings by court or other reporter or video recording, or other means, provided the recording method does not interfere with the conduct of the hearing. Any party recording the hearing by any means shall make a copy available to any other party upon request and payment of reasonable duplication cost.

L. Additional Hearing Procedural Requirements. Any additional procedural requirements for hearings may be specified in the administrative citation and appeals guidelines. (Ord. 1625 § 1 (part), 2015)