A.
These sections establish the procedures for the use of administrative hearing officers and the procedures governing administrative hearings.
B.
Qualifications of Administrative Hearing Officer. The city attorney shall promulgate rules and procedures as are necessary to establish a list of qualified persons who are capable of acting on behalf of the city as hearing officers.
C.
Appointment of Administrative Hearing Officer. Hearing officers presiding at administrative hearings shall be appointed by the city attorney and compensated by the city. The city attorney shall develop policies and procedures relating to the appointment and compensation of hearing officers.
D.
Disqualification of Hearing Officer. Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified in a court of law. Rules and procedures for the disqualification of a hearing officer shall be promulgated by the city attorney.
E.
Powers of Hearing Officer.
1.
The hearing officer may continue a hearing based on good cause shown by one of the parties to the hearing or if the hearing officer independently determines that due process has not been adequately afforded.
2.
The hearing officer, upon receipt of a written request which is submitted no later than five days before the hearing, shall subpoena witnesses, documents, and other evidence where the attendance of the witness or the admission of evidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees shall be borne by the party requesting the subpoena. The city attorney shall develop policies and procedures relating to the issuance of subpoenas in administrative hearings, including the form of the subpoena and related costs.
3.
The hearing officer has continuing jurisdiction over the subject matter of an administrative hearing for the purposes of granting a continuance, ensuring compliance with an administrative order, modifying an administrative order, or where extraordinary circumstances exist granting a new hearing.
4.
The hearing officer has the authority to require the responsible person to post a code enforcement performance bond to ensure compliance with an administrative order.
F.
Failure to Obey Subpoena. It is unlawful for any person to refuse to obey a subpoena issued by a hearing officer.
(Ord. 1457 § 2, 2010)