5-5-7. Powers of the administrative code enforcement hearing officer.

(1) The hearing officer has the authority to hold hearings, determine if violations of the Tooele County Code, zoning ordinance, or applicable state statutes exist, order compliance with such laws, and enforce compliance as provided in this title on any matter subject to the provisions of the title.

(2) The hearing officer may continue a hearing based on good cause shown by one of the parties to the hearing. The hearing officer must enter on the record the good cause on which a continuance is granted.

(3) The hearing officer, at the request of any party to the hearing, may sign subpoenas for witnesses, documents, and other evidence where the attendance of the witness for the admission of evidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena. The hearing officer shall develop policies and procedures relating to the issuance of subpoenas in administrative code enforcement hearings, including the form of the subpoena and related costs.

(4) The hearing officer has continuing jurisdiction over the subject matter of an administrative code enforcement hearing for the purposes of granting a continuance; ordering compliance by issuing an administrative code enforcement order using any remedies available under the law; ensuring compliance of that order, which includes the right to authorize County employees or contracted parties to enter and abate a violation; modifying an administrative code enforcement order; or, where extraordinary circumstances exist, granting a new hearing.

(5) The hearing officer has the authority to require a responsible person to post a code enforcement performance bond to ensure compliance with an administrative code enforcement order. (Ord. 2005-05,  2/15/05 )