§ 2.55.140. Hearing procedures.

A.

At the request of the aggrieved person or the administrator of housing and neighborhood services, the commission shall hold a hearing upon the findings of the enforcement officer and hear and consider evidence offered by the city staff, the owner, occupant or person in charge and control, mortgagee, lessee or any person having any estate or interest in the building or premises, pertaining to the matter set forth in the notice of hearing.

B.

Each member of the commission shall have the power to administer oaths and issue subpoenas. The city clerk shall cause such subpoenas to be issued under the seal of the city and the police chief shall cause such subpoenas to be served. Wilful failure to appear to testify in response to any such subpoena or to produce any item under a subpoena duces tecum shall be punished as a misdemeanor.

C.

Whenever in the course of any proceeding taken hereunder, the commission shall require additional evidence, it may request that the premises be inspected by the planning, housing and development services department, fire department or the health officer. The department to which such request is directed shall inspect the premises and a report in writing shall be transmitted to the commission within 5 business days of the receipt of the request for inspection. The report shall be considered along with other evidence at the hearing.

D.

After the hearing, the commission shall order the building vacated, repaired, rehabilitated or demolished and removed, or any combination thereof, or reverse the findings of the enforcement officer in whole or in part or continue the hearing to a date certain.

E.

The commission shall specify the time limit within which the necessary action shall be completed. The commission shall consider the following factors in setting the time for compliance with its orders:

1.

Existence or nonexistence of a life, health or other type of hazard to the occupant or others in the building or premises;

2.

Severity of the hazard or negative effect upon the community;

3.

Number and extent of separate items that must be completed in order to bring the building or premises into compliance with this code;

4.

Extent of resources available to the offending party(s) to correct the violations(s);

5.

Length of time the violation(s) has been known to exist and the amount of time the enforcement officer has given for compliance previously;

6.

The existence or nonexistence of mitigating factors which caused the building or premises to be in violation or which may affect the amount of time needed for compliance.

F.

The commission may divide the violation(s) into groups requiring compliance at various intervals with inspection to be conducted at each stage by the enforcement officer.

(Ord. 6229 § 2 (part), 1987)