Ordinance 2006-267 - Laserfiche WebLink

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(7) Right of Violator to prescnt cvidence witnesses and cross-cxamine witnesses. (8) Notice that failure of Violator to attcnd the hcaring may rcsult in civil penalty and administrative hearing eosts being assesscd. (9) Noticc that requests lor continuanccs will not be considcrcd if not received by the Special Mastcr at least five (5) calendar days prior to the date set for the hearing. (C) Iftherc are cases to be heard. the Special Master shall call hearings on a monthly basis or upon the request of the Director. Except Il)!" such circumstances as deseribed herein, no hearing shall be set sooner than ten (I D) calendar days from the date of service not including Saturdays, Sundays and holidays. (D) A hearing date shall not be postponed or continued unless a request lor continuance, showing good cause lor such continuance. is received in writing by the Special Master at least live (5) calendar days prior to the date set for the hearing. (E) All hearings of the Special Master shall be open to thc public. All testimony shall be under oath. Assuming proper notice. a hearing may proceed in the absence of the named Violator. (F) The proccedings at the hearing shall bc rccorded by thc Office ofthc City Clerk. (G) The City Clerk shall provide clerieal services and administrativc personnel as may bc reasonably required by each Spccial Master ill!" the proper perlormance of their duties. (1-1) Each case before a Spccial Mastcr shall be presented by the Director or his designee. The Manager shall havc the authority to retain legal counsel pursuant to parameters that may be adopted by the Commission. (I) The hearing necd not be conducted in accordance with thc tllrlllal rules relating to evidence and witnesses, but fundamental due process shall bc observed and shall govern the proccedings. Any relevant evidence shall be admitted if the Special Master finds it competent and reliable. regardless of the cxistcncc of any common law or statutory rule to the contrary. (.I) Each party shall have the right to call and examine witnesses: to introduce exhibits; to cross-cxamine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witnesses regardlcss of which party first called that witness to testify; and to offer rebuttal of the evidence, (K) The Special Master shall make findings of fact and conclusions of law based on evidence of record. In order to make a finding upholding the Code Enlllrcement Ofticer's decision. the Special Master must find that substantial competent evidencc indicatcs that the named Violator was responsible for the violation of the relevant section of the Code. {hJin.I!1Cl" .\ml'l1dlllg ell.it- 1':ntl'rCllllUll, (:h,ll'llT l-l H