a. The statement of protest shall be referred to a neutral and independent hearings officer designated by the City Attorney. The hearings officer shall conduct the hearing and make all decisions concerning the protest. The hearings officer shall set a date and time for the hearing at the earliest possible opportunity and the person requesting the hearing shall be promptly notified of the time and place for hearing. Notice may be by any means of giving actual notice. Notice may also be given to any person the hearings officer determines to be an interested party in the matter. An untimely protest shall be summarily dismissed. The hearings officer or City shall have the right to reschedule a hearing at any time. The person filing the statement of protest may make a single request to reschedule the hearing. The request shall be granted if it is in writing, states the reason for the request, and is received by the City at least three (3) business days prior to the scheduled hearing date. Upon receipt of a valid hearing reschedule request, the hearings officer shall set a new hearing date and the City shall notify the person requesting the hearing.

b. The person requesting the hearing and a representative of the City may make argument, submit testimony, cross-examine witnesses and submit rebuttal evidence on the pertinent issues, or may choose to be represented by an attorney at their own expense

c. If requested by either party, the hearing shall be recorded in a manner that allows for written transcription to be made; in such cases the City shall retain all materials submitted at the hearing as required by state law.

d. Failure of the person(s) requesting the hearing to appear at the hearing shall constitute a waiver of the right to a hearing.

e. Within seven (7) days after the hearing, the hearings officer shall mail a copy of the order stating the hearings officer’s decision to the person requesting the hearing and to the Manager. If the hearings officer determines that the basis for protest was unreasonable or designed only to delay enforcement action, the person requesting the hearing may be made to pay the costs of the hearing, including the cost of the hearings officer. Any such costs imposed by the hearings officer shall constitute a cost of abatement and collectable under Section 8.16.290. The decision of the hearings officer is final.

f. If the hearings officer determines that a violation does exist, the property owner, occupant, and/or property management company shall be ordered to abate the violation(s) within ten (10) calendar days after the hearings officer issues the order, unless otherwise specified in the order. The hearings officer may also order that a residential rental unit(s) may not be occupied unless and until the conditions and/or defects forming the basis of the violation(s) have been corrected as determined by reinspection.

g. If the violation has not been fully abated within the time allowed, the Manager may cause it to be abated, and all costs of abatement may be assessed to and become a lien on the property. The Manager’s decision to proceed with abatement is entirely discretionary.

h. A person shall not have an additional opportunity to protest and request a hearing, if the person fails to correct the violation pursuant to the hearings officer’s decision and the City issues a subsequent stop work order, notice of violation, or notice of civil penalty. (Ord. 5-2011, 2011; Ord. 9-2009, 2009.)