5-5-8. Procedures at administrative code enforcement hearing.

(1) Administrative code enforcement hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply; however, an informal exchange of discovery may be required. The request must be in writing. Failure to request discovery shall not be a basis for a continuance. The complainant's information is protected and shall not be released unless the complainant is a witness at the hearing. The procedure and format of the administrative hearing shall follow the procedures promulgated by the hearing officer.

(2) The enforcement officer bears the burden of proof at an administrative code enforcement hearing to establish the existence of a violation of the Tooele County Code, zoning ordinance, or applicable state statutes.

(3) The standard of proof to be used by the hearing officer in deciding the issues at an administrative hearing is whether the preponderance of the evidence shows that the violations exist.

(4) Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his or her case. A written declaration signed under penalty of perjury may be accepted in lieu of a personal appearance. Testimony may be given by telephone or other electronic means.

(5) All hearings are open to the public. They shall be recorded by audio tape. Hearings may be held at the location of the violation.

(6) The responsible person has a right to be represented by an attorney. If an attorney will be representing the responsible person at the hearing, notice of the attorney's name, address, and telephone number must be given to the County at least one day prior to the hearing. If notice is not given, the hearing may be continued at the County's request and all costs of the continuance assessed to the responsible person.

(7) No new hearing shall be granted unless the hearing officer determines that extraordinary circumstances exist which justify a new hearing. (Ord. 2005-05, 2/15/05 )