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Ordinance 2838-05
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Ordinance 2838-05
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12/19/2014 4:25:48 PM
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12/19/2014 4:25:47 PM
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Ordinances
Ordinance Number
2838-05
Date
6/15/2005
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E. Violations hearing examiner(s) shall be responsible for presiding over <br /> all hearings on violation citations as well as other administrative <br /> matters over which they may be requested to preside. <br /> F. Violations hearing examiner(s) shall have the power to: <br /> 1. Administer oaths and affirmations and examine witnesses; <br /> 2. Issue subpoenas upon the request of any party. A violations <br /> hearing examiner's designated agent,the city attorney and any <br /> officer authorized to enforce this chapter are also authorized to <br /> issue subpoenas. When so required, the applicant for the <br /> subpoena shall show to the satisfaction of such individual the <br /> general relevance and reasonable scope of the evidence sought; <br /> 3. Rule on offers of proof; admit and give probative effect to <br /> evidence which possesses probative value commonly accepted <br /> by reasonably prudent men in the conduct of their affairs. <br /> Violations hearing examiner(s) shall give effect to the rules of <br /> privilege recognized by law. Violations hearing examiner(s) <br /> may exclude incompetent, irrelevant, immaterial, and/or <br /> unduly repetitious evidence. Factual issues shall be resolved by <br /> a preponderance of evidence standard. Documentary evidence <br /> may be received in the form of copies or excerpts or by <br /> incorporation by reference. Violations hearing examiner(s) <br /> may also take notice of judicially cognizable facts; <br /> 4. Establish rules and procedures to conduct hearings consistent <br /> with this chapter; <br /> 5. Regulate the course of the hearing, including granting of <br /> continuances, imposition of penalties for disruption of the <br /> orderly process or refusal to comply with lawful orders of the <br /> violations hearing examiner; <br /> 6. Hold conferences for the settlement or simplification of the <br /> issues by consent of the parties; <br /> 7. Make decisions which can be incorporated into findings of fact, <br /> conclusions of law and order of the violations hearing <br /> examiner and enter orders of default and consent orders. The <br /> orders may include the following: <br /> a. A requirement that ordinance violations be abated in <br /> accordance with the manner prescribed by the <br /> violations hearing examiner; <br /> 2 <br />
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