§ 8.46.070. Administrative hearing procedure.

A.

The City Attorney shall appoint a Hearing Officer who shall not be an enforcement official. The Hearing Officer shall set the time and place for the hearing and send notice of the hearing to the owner of record of the food facility or restaurant and to the enforcement official at least ten (10) days before the hearing. The notice shall also include the location and the nature of alleged violation of this Chapter.

B.

At least five (5) days before the hearing, the enforcement official shall provide to the owner of record and to the Hearing Officer a copy of any report made by the enforcement official or any other City employee regarding the alleged violation. If the enforcement official has a proposed plan for abatement of the alleged nuisance, then the enforcement official shall also provide this plan to the owner of record and to the Hearing Officer.

C.

The Hearing Officer may proceed with the hearing in the absence of the owner of record or the enforcement official if he or she has not received an explanation for the absence prior to the commencement of the hearing.

D.

Once a notice of hearing has been given, there shall be no communications between the owner of record, the operator of the food facility or restaurant or its employees regarding the alleged violation.

E.

The owner of record may submit to the Hearing Officer with a copy to the enforcement official written evidence to rebut the City's report alleging a violation of this Chapter.

F.

The owner and the enforcement official may make an oral statement and the time limits for the statements will be set by the Hearing Officer prior to the hearing. If either the owner or the enforcement official wishes to call witnesses at the hearing, then they shall provide the names, addresses, telephone numbers, and a summary of the testimony of the witnesses to the Hearing Officer and to the other interested party at least three (3) days prior to the hearing. The Hearing Officer may ask questions of the parties or the witnesses.

G.

The Hearing Officer shall render a decision, in writing, after the hearing is closed and shall mail a copy of the decision to the owner at the address for the location of the alleged violation and shall deliver or mail a copy to the enforcement official. The decision of the Hearing Officer shall be final.

(Ord. 05 0003 § 1, 2005)