§ 37.07. Evidence and Burden of Proof.

(a)

All evidence shall be admitted at Special Magistrate hearings if, in the opinion of the Special Magistrate, it is the type of evidence upon which reasonable and responsible persons would normally rely in the conduct of business, regardless of the existence of any common-law or statutory rule which might make such evidence inadmissible over objections in civil actions. The Special Magistrate may exclude irrelevant or unduly repetitious evidence.

(b)

Hearsay evidence may be accepted for the purpose of supplementing or explaining any direct evidence, but such hearsay evidence shall not in and of itself be considered sufficient to support a finding or decision unless the evidence would be admissible over objections in a civil action.

(c)

Each party to the hearing shall have the right to:

(1)

Call and examine witnesses;

(2)

Introduce Exhibits;

(3)

Cross-examine opposing witnesses;

(4)

Impeach witnesses; and

(5)

Rebut evidence.

(d)

At a Special Magistrate hearing, the burden of proof shall be upon the City to show by a preponderance of the evidence that a violation did occur or does exist or has been repeated. If proper notice of hearing has been given to the violator consistent with this chapter, a hearing may proceed in the absence of the violator.

(Ord. No. 17-66, § 7, 9-25-17)

Editor's note

Ord. No. 17-66, § 7, adopted September 25, 2017, repealed and replaced § 37.07, in its entirety. Former § 37.07 pertained to "Administrative fines; liens; duration of liens; collection," and was derived from Ord. No. 01-33, § 3, adopted June 25, 2001; Ord. No. 07-157, § 1, adopted November 26, 2007; Ord. No. 08-57, § 1, adopted June 9, 2008; Ord. No. 10-25, § 1, adopted May 24, 2010; Ord. No. 13-17, § 1, adopted April 8, 2013 and Ord. No. 16-09, § 1, adopted March 14, 2016.