A. After the city council appoints a hearing officer, the city clerk shall inform the city manager and the person served with the notice and order of the appointment of the hearing officer. The hearing officer shall set a time and place for the hearing to be conducted within thirty (30) days of their appointment as the hearing officer unless the hearing officer orders that the hearing shall be conducted at a later date, which shall not exceed ninety (90) days following the appointment of the hearing officer.

B. The hearing officer shall prescribe rules for the conduct of the proceeding. In developing such rules, the hearing officer shall be guided by the procedural rules established in AS 44.62.430 through 44.62.540 (state administrative procedures for the conduct of administrative hearings by hearing officers) and this chapter. In the event of a conflict between the provisions of this chapter and AS 44.62.430 through 44.62.540, the provisions of this chapter shall apply.

C. The hearing officer’s proposed decision shall be issued within fifteen (15) days of the close of the record in the hearing.

D. The city shall have the burden to prove by clear and convincing evidence the facts that form the basis for the public nuisance. The city shall be afforded substantial deference in fashioning an appropriate abatement order, penalties, and/or other remedies as long as such orders, penalties and remedies are provided for in this chapter.

E. A hearing officer may be appointed to conduct appeals without complying with BMC 4.20.170. [Ord. 02-06 § 2.]