8.08.170 - Hearing before administrative law judge.

A.

At a hearing on whether a business is a per se nuisance due to criminal conduct, the administrative law judge shall consider evidence of the violations.

1.

Police reports, witness statements, and other evidence in the police department's case file shall be accepted and considered by the administrative law judge in rendering its decision.

2.

A conviction for an offense listed as criminal conduct that arises out of an incident that occurred at the business premises conclusively establishes that the crime of conviction occurred. A plea in abeyance or reduction of the offense to an attempted offense is considered a conviction for purposes of this chapter. The form of a plea such as guilty, no contest, Alford, nolo contendere, etc., shall not invalidate a conviction for purposes of this chapter.

3.

The property owner or business owner, as applicable, shall have the opportunity to present evidence, cross-examine witnesses who testify at the hearing, and present argument.

B.

At a hearing on whether a property owner or a business owner has permitted or contributed to objectionable conditions, the administrative law judge shall consider evidence provided by all parties. The parties shall have the opportunity to present evidence, cross-examine witnesses who testify at the hearing, and present argument.

C.

At a hearing on a failure to comply with a corrective action plan entered pursuant to Section 8.08.150, the administrative law judge shall consider the steps taken by the owner and determine whether the owner has fulfilled its obligations under the corrective action plan.

1.

The city shall present evidence that the owner has failed to comply with its obligations under the corrective action plan.

2.

The property owner or business owner, as applicable, may present evidence of steps taken to comply with the corrective action plan.

3.

Either party shall have the opportunity to cross-examine any witnesses who testify at the hearing, and present argument.

4.

During a hearing reviewing a failure to comply with a corrective action plan, the administrative law judge does not consider whether the request for determination was appropriate, that issue having been waived by the owner who entered the agreement.

5.

In the event the administrative law judge finds that the owner has failed to comply with any obligation under the corrective action plan, the administrative law judge shall impose the penalties as set forth in the corrective action plan.

D.

The burden of proof for all proceedings in these matters, including affirmative defenses, shall be a preponderance of the evidence.

E.

Notwithstanding Section 8.08.180, a determination of nuisance conduct or conditions is a final, appealable order.

(Ord. No. 2020-06, § VI, 6-3-2020)