Ordinance 2916-06 - Laserfiche WebLink

B. Additionally, no person, firm, corporation or association, or any agent thereof shall violate or fail to comply with any condition set forth in any city zoning concomitant agreement, or any condition imposed by the city pursuant to the city's environmental policy ordinance (Ordinance 1348-87, as amended: Chapter 20.04). In the event there is a violation or failure to comply, the procedure authorized in this chapter shall be the enforcement procedure utilized unless the city administration, upon the concurrence of the city attorney, files for injunctive or other civil relief in superior court. Section 3: Section 4 of Ordinance No. 1383-87, as amended by Section 3 of Ordinance No. 1780-91, Section 4 of Ordinance No. 2221-97, Section 3 of Ordinance No. 2335-98 and Section 1 of Ordinance No. 2838-05 (EMC 1.20.040), which reads as follows: Violations hearing examiner — Powers and duties. A. There is created the office of violations hearing examiner. B. Violations hearing examiner(s) shall be part-time and remunerated by personal service contract. C. Violations hearing examiner(s) shall be appointed by the mayor. D. Violations hearing examiner(s) shall be licensed to practice law in the state. E. Violations hearing examiner(s) shall be responsible for presiding over all hearings on violation citations as well as other administrative matters over which they may be requeted to preside. F. Violations hearing examiner(s) shall have the power to: 1. Administer oaths and affirmations and examine witnesses; 2. Issue subpoenas upon the request of any party. A violations hearing examiner's designated agent, the city attorney and any officer authorized to enforce this chapter are also authorized to issue subpoenas. When so required, the applicant for the subpoena shall show to the satisfaction of such individual the general relevance and reasonable scope of the evidence sought; 3. Rule on offers of proof; admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs. Violations hearing examiner(s) shall give effect to the rules of privilege recognized by law. Violations hearing examiner(s) may exclude incompetent, irrelevant, immaterial, and/or unduly repetitious evidence. Factual issues shall be resolved by a preponderance of evidence standard. Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference. Violations hearing examiner(s) may also take notice of judicially cognizable facts; 4. Establish rules and procedures to conduct hearings consistent with this chapter; 5. Regulate the course of the hearing, including granting of continuances, imposition of penalties for disruption of the orderly process or refusal to comply with lawful orders of the violations hearing examiner; 7