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shall show to the satisfaction of such individual the general relevance and reasonable <br /> scope of the evidence sought; <br /> 3. Rule on offers of proof and receive relevant evidence; <br /> 4. Regulate the course of the hearing, including imposition of penalties for <br /> disruption of the orderly process or refusal to comply with lawful orders of the violations <br /> hearing examiner; <br /> 5. Hold conferences for the settlement or simplification of the issues by consent <br /> of the parties; <br /> 6. Make decisions which can be incorporated into findings of fact, conclusions of <br /> law and order of the violations hearing examiner and enter orders of default and consent <br /> orders; <br /> 7. Establish rules and procedures to conduct hearings consistent with this chapter; <br /> 8. Require that ordinance violations be abated in accordance with the manner <br /> prescribed by the violations hearing examiner. <br /> G. In contested cases: <br /> 1. The violations hearing examiner may admit and give probative effect to <br /> evidence which possesses probative value commonly accepted by reasonably prudent <br /> men in the conduct of their affairs. The violations hearing examiner shall give effect to <br /> the rules of privilege recognized by law. The violations hearing examiner may exclude <br /> incompetent, irrelevant, immaterial, and unduly repetitious evidence. Factual issues shall <br /> be resolved by a preponderance of evidence standard; <br /> 2. Documentary evidence may be received in the form of copies or excerpts or by <br /> incorporation by reference; <br /> 3. Every party shall have the right of cross-examination of witnesses who testify <br /> and shall have the right to submit rebuttal evidence; provided, that the violations hearing <br /> examiner may control the manner and the extent of cross-examinations and rebuttal; <br /> 4. The violations hearing examiner may take notice of judicially cognizable facts. <br /> H. The violations hearing examiner shall affirm the issuance of the notice of violation <br /> requiring the abatement of the violation if he determines that the violation exists <br /> substantially as stated in the notice of violation, dismiss the notice of violation and grant <br /> the appeal if he determines that the violation does not exist substantially as stated in the <br /> notice of violation or modify the penalty and/or abatement depending on the specifics of <br /> the violation. <br /> I. Judicial Review. Any person, including the City,with standing to bring a land use <br /> petition under Chapter 36.70C RCW is entitled to review thereof in the Snohomish <br /> County superior court; provided, that the land use petition must be properly filed and <br /> served in accordance with the requirements set forth in Chapter 36.70C RCW. <br /> be and the same is hereby amended to read as follows: <br /> Violations hearing examiner-Powers and duties. <br /> A. There is created the office of violations hearing examiner. <br /> B. Violations hearing examiner(s) shall be part-time and remunerated by personal service <br /> contract. <br /> C. Violations hearing examiner(s) shall be appointed by the Mayor. <br /> D. Violations hearing examiner(s) shall be licensed to practice law in the State. <br /> 7 <br />