A. Where a notice to abate nuisance and order to show cause has been issued under this chapter, the building director or designee shall hold a hearing at the time and place designated in the notice and shall receive all evidence presented on the issue of the need and necessity to abate any and all nuisances for which notice was given.

B. The building director or designee shall act in the capacity of administrative hearing officer (hereafter, “hearing officer”) and shall have the authority to receive all relevant evidence, swear witnesses, question witnesses, demand the production of documents and witnesses, and otherwise do all things necessary and proper to reach an informed decision upon the existence of a nuisance or nuisances and the necessity to abate such. All testimony shall be taken under oath or affirmation or by sworn affidavit or declaration executed under penalty of perjury. The hearing officer(s) may consider all other issues relevant and reasonably necessary to reach the ultimate issues of the existence of a nuisance and the necessity to abate.

C. The burden shall be upon the city of Bakersfield to show the existence of any and all nuisances as noticed, and the necessity to abate such, by a preponderance of the evidence presented at the hearing. Only relevant evidence properly produced at the hearing may be considered by the hearing officer(s) in reaching a decision.

D. The hearing officer(s) shall cause the hearing to be tape recorded. Transcripts may be created at the expense of the person requesting the transcript. (Ord. 5116 § 1, 2022)