Ordinance 2025-638 - Laserfiche WebLink

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E. All hearings of the Special Magistrate shall be open to the public. All testimony shall be under oath. Assw proof of proper notice, a hearing may proceed in the absence of the named violator. F. The proceedings at the hearing shall be recorded by the office of the City Clerk G. The Gt=Olerk Division shall provide clerical services and administrative personnel as may be reasonably required by each Special Magistrate for the proper performance of has OF heF their duties. H. F=;;r-.h r --;;,;p hefeFe a Special MagistFate shall be preseRted by the DiFeeteF 9F his designee. The ManageF shall have the awtheFity to Fetain legal eouRsel PUFSwant te parameteFs that may be adepte d by the Ge FRMiSSiGR 4-. H. The hearing need not be conducted in accordance with the formal rules relating to evidence and witnesses, but fwRdameRtal due process shall be observed and shall govern the proceedings. Any relevant evidence shall be admitted if the Special Magistrate finds it competent and reliable, regardless of the existence of any common law or statutory rule to the contrary. AI. Each party shall have the right to call and examine witnesses; to introduce exhibits evidence; to cross examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to, impeach any witnesses regardless of which party first called that witness to testify; and to offer rebuttal of the evidence. X J. The Special Magistrate shall make findings of fact and conclusions of law based on evidence of record. In order to make a finding upholding the Code Enforcement Officer's decision, the Special Magistrate must find that s��h�ptial_competent- substantial evidence ;,Rdmeates demonstrates that the named violator was responsible for the violation of the relevant section of the Code. AA:K.If the named violator is found guilty of the violation s/he shall be held liable for the reasonable cost of the administrative hearing cost of no less than $150.00. 4-1. The fact-finding determination of the Special Magistrate shall be limited to whether or not the violation alleged occurred or exists, and, if so, whether the person named in the civil violation notice may be held responsible for that violation. Based upon this fact-finding determination, the Special Magistrate shall either affirm or reverse the decision of the Code Enforcement Officer. If the Special Magistrate reverses the decision of the Code Enforcement Officer and finds the named violator not responsible for the Code violation in the alleged civil violation notice because the DepawneRt Division did not present substaRtial competent substantial evidence to indicate that such violator is responsible for Page 9 of 57