§ 12.0407 — Powers of Enforcement Hearing Officer

§12.0407 Powers of Enforcement Hearing Officer

(a) The Enforcement 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. (b) The Enforcement Hearing Officer, at the request of any party to the hearing, may 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 Manager shall develop policies and procedures relating to the issuance of subpoenas in administrative enforcement hearings, including the form of the subpoena and related costs. (c) The Enforcement Hearing Officer has continuing jurisdiction over the subject matter of an administrative enforcement hearing for the purposes of granting a continuance, ensuring compliance with an Administrative Enforcement Order, modifying an Administrative Enforcement Order, or where extraordinary circumstances exist, granting a new hearing. (d) The Enforcement Hearing Officer has the authority to require a Responsible Person to post a Code Enforcement Performance Bond to ensure compliance with an Administrative Enforcement Order.

(“Powers of Enforcement Hearing Officer” added 8–10–1993 by O–17956 N.S.)