Conduct of hearings

(a)

The city attorney, or designee thereof, shall present evidence before the board on behalf of the city. All parties shall have an opportunity to present evidence and argument on all issues involved, conduct cross examination and submit rebuttal evidence, and to be represented by counsel.

(b)

The board may consider any evidence, including evidence of the general reputation of the place or premises. All testimony shall be given under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall govern the proceedings. Orders of the board shall be based upon competent and substantial evidence.

(c)

The city attorney or his/her designee shall have the burden of proving the existence of an unlawful public nuisance by clear and convincing evidence.

(d)

If the alleged violator(s) has been properly noticed in regard to the hearing before the board and fails to appear, the board may proceed with a hearing in absentia on the merits of the alleged violation. Any findings or orders resulting from such hearing are valid and binding upon the violator(s).

(Ord. No. 10883, § 1, 5-9-91; Ord. No. 10990, § 2, 6-11-92; Code 1980, § 45.5-4; Ord. No. 13676, § 2, 4-27-17)