Upon receipt of a request for hearing, as set forth in Section 14A-1-5, the city clerk shall set a time and date for hearing and notify the person requesting the hearing of the time, date and place.
(a) The hearing shall be held before a hearing officer who shall be appointed by the community development director and who may be an employee of the city.
(b) At the time of the hearing, the hearing officer shall receive testimony and evidence as follows:
(1) The technical rules relating to witnesses and evidence need not be followed;
(2) Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely on the conduct of serious affairs;
(3) The hearing officer and the city clerk shall be authorized to administer oath;
(4) The proceedings at the hearing shall be reported by a phonographic recorder;
(5) The hearing examiner may inspect the premises involved in the hearing prior to, during or after the hearing; provided, that:
(A) Notice of such inspection shall be given to the parties before the inspection is made;
(B) If required by state or federal law, the hearing examiner obtains the appropriate inspection warrant pursuant to Code of Civil Procedure Section 1822.51, et seq. or obtains the consent of the owner or occupant of the premises;
(C) The parties are given an opportunity to be present during the inspection; and
(D) The hearing examiner shall state for the record during hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn therefrom.
(c) After the hearing, the hearing officer shall render a decision, in writing, upholding or denying the determination of a nuisance. If the hearing officer upholds the determination of a nuisance, the written decision shall contain an order to abate and a deadline for abatement. The notice of decision shall be served on the person requesting the hearing by certified mail. (Ord. No. 1214 § 2(A): Ord. No. 1081, (part).)