A.    The fire chief shall only consider evidence that is relevant to whether a nuisance existed and whether the property owner caused or maintained the nuisance.

    B.    The property owner contesting the notice of abatement shall be given the opportunity to testify and present witnesses and evidence.

    C.    The failure of any recipient of a notice of abatement to appear at the appeal hearing shall constitute a waiver of the appeal, waiver of abatement costs, and failure to exhaust administrative remedies.

    D.    The notice of abatement proceeding and any additional documents submitted by the enforcement officer shall constitute prima facia evidence of the respective facts contained in those documents.

    E.    If the enforcement officer submits additional written information concerning the notice of abatement proceeding for consideration at the appeal hearing, a copy of the written information shall be served by mail on the person requesting the hearing at least five days prior to the date of the hearing.

    F.    At least five days prior to the appeal hearing, the recipient of a notice of abatement proceeding shall be provided a copy of the documents relied upon by the enforcement officer. No other discovery is permitted. Formal rules of evidence shall not apply.

    G.    A hearing before the fire chief, shall be set for a date that is not less than ten days and not more than fourteen days from the date the request for hearing is filed. The person requesting the hearing shall be notified of the time and place set for the hearing at least five days prior to the date of the hearing. (Ord. 639 §§ 2 (part), 4, 2004)