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22.10.050 Hearings Procedure.

(Amended by Ordinance No. 187151, effective September 1, 2015.)

A.  Hearings shall be conducted in accordance with the procedures set forth in Sections 22.03.050 to 22.03.115 of this Title.

B.  With the consent of all parties, the Code Hearings Officer may determine the matter without hearing upon the record.

C.  The Code Hearings Officer may sustain, modify, reverse, or annul the decision or determination appealed from or the Code Hearings Officer may remand the decision or determination to the City bureau for such reconsideration, additional consideration, or further action as the Code Hearings Officer may direct.

1.  Whenever a City decision or determination is sustained on appeal and it is for recovery of money or civil penalties, the Code Hearings Officer shall award postjudgment interest at the rate set by ORS 82.010(2), unless the rate is otherwise specified in this Code.

D.  Upon motion of a party or upon the Code Hearings Officer’s own motion, the Code Hearings Office may impose sanctions against a person or party who violates Subsection 22.10.030 C.

1.  Upon a motion for sanctions, the Hearings Officer shall direct the person or party to appear before the Code Hearings Officer and show cause why sanctions should not be imposed.

2.  The evidence that a person or party violated Subsection 22.10.030 C. must be clear and convincing to authorize the imposition of sanctions.

3.  Sanctions under this Section may include amounts sufficient to reimburse the City bureau for costs and other expenses incurred by reason of the Subsection 22.10.030 C. violation, prejudgment interest at the rate set by ORS 82.010(2) unless the rate is otherwise specified in this Code, and a civil penalty not to exceed $10,000 sufficient to deter repetition of the violation or comparable violations by others similarly situated.

4.  An order imposing sanctions under this Section must describe the sanctioned conduct, explain the basis of the sanction, and state the amount of the sanction.

E.  The decision or determination appealed from shall be reviewed de novo by the Code Hearings Officer.