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HomeMy Public PortalAboutORD15332 BILL NO. 2014-78 SPONSORED BY Councilman Scrivner ORDINANCE NO. 52- AN ORDINANCE AMENDING CHAPTER 21 (NUISANCES) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO APPOINTMENT OF HEARING EXAMINER. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1.Chapter 21 (Nuisances) Sec. 21-9 (Hearing Procedure) is hereby amended as follows: Sec. 21-9. Hearing Procedure. If a Hearing is called by the Director.the following procedure shall be followed: A. The City Administrator Director shall appoint a Hearing Examiner to conduct the hearing,consider the evidence and issue an order in accordance with the procedures of this Chapter. The City Administrator Director may appoint himself/herself to serve as Hearing Examiner. B. The person or person requesting a hearing shall have an opportunity to be heard, and shall be served notice of the hearing(personally or by mail: if those methods fail,service may be had by publication) allowing at least ten(10)days written notice. The notice shall include the date,time and place of the hearing. C. Any party may be represented by counsel and have the right to present evidence. D. In the event that any or all of the parties fail to appear at the hearing, the evidence of the existence of facts which constitute grounds alleged in the Notice shall be considered unrebutted. E. The technical rules of evidence shall not apply in the hearing. Any relevant evidence may be admitted and considered by the hearing officer if it is the sort of evidence of which responsible persons are accustomed to rely in the conduct of serious affairs. Objections to evidence shall be noted and a ruling given by the hearing examiner. F. All testimony shall be under oath, which may be administered by the hearing Examiner and a recording shall be made by the City or a written record of the hearing may be made by a reporter to be employed by the City,the cost of which shall be paid by the City should the proceeding be eventually held against the City and by the owner if it should not. In the latter case the cost of such reporting shall be a lien upon the lot, tract, or parcel of land upon which the building or structure stands,and shall be added to the cost of performance for demolition or repair in the event the City shall be required to do so.and payable as Editor's note:Added language shown thus.Deleted language shown thus. provided for such costs. G. The hearing shall proceed in the following manner. The City will give opening remarks first, followed by any opening remarks by the owner. The City will then be allowed to present its evidence. Witnesses called by the City will be directly examined with an opportunity for the owner to cross-examine, followed by an opportunity for the City to re-direct.Once the City's case is presented, the owner will have an opportunity to present his or her case. The same procedure for questioning witnesses will be followed. Then the City will have an opportunity for rebuttal, if it so chooses. Finally,the City and the property owner will have an opportunity to make closing remarks in that respective order. Section 2. This Ordinance shall be in full force and effect from and after the date of itspassage and approval. /f Passed:U// • 29i �, - Approved: V , 4011) / / / .tet fiat :avatar Presiding Officer' Mayor Far ATTEST:-- •- APPROVED AS TO FORM: ity CIefK = ' _- _ ' C Counseorr t "- Editor's note:Added language shown thus.Deleted language shown thus.