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Title: 7 - Health and Welfare

Chapter: 08 - Nuisances

Section: 830 - Hearing Procedure

A. A hearing before the Hearing Officer shall be held not less than 15 and not more than 60 days from the date that the Administrative Order to Show Cause was served.
B. The Hearing Officer shall only consider evidence that is relevant to whether the nuisance exists and whether action to abate the nuisance has been prosecuted with due diligence. Formal rules of evidence shall not apply. The Hearing Officer may exclude evidence the probative value of which is outweighed by the probability that its admission will necessitate undue time. Both the Enforcement Official and the owner may be represented by counsel at the hearing.
C. Both parties shall be given the opportunity to testify and present witnesses and evidence concerning the existence of the nuisance, and to cross-examine witnesses and dispute evidence. Oral evidence shall be taken under oath or affirmation.
D. The Notice of Nuisance, any administrative citation which has been issued, and any additional documents submitted by the Enforcement Official shall constitute prima facie evidence of the respective facts contained in those documents.
E. At least ten days prior to the hearing, the owner shall be provided with copies of the notices, reports and other documents submitted or relied upon by the Enforcement Officer. If the Enforcement Official submits any additional written report or other documentary evidence concerning the nuisance to the Hearing Officer for consideration at the hearing, other than for the purposes of rebuttal or impeachment, then a copy of each such report or document shall also be served by mail on the owner at least five days prior to the date of the hearing. The owner shall not be entitled to discovery other than as stated in this section.
F. The Hearing Officer may continue the hearing and may request additional information from either party prior to issuing a written decision.