(1) A hearing examiner shall have authority to hold an administrative enforcement hearing for violations of the Provo City Code and applicable state codes.

(2) A hearing examiner may continue a hearing for good cause shown by one (1) of the parties or if the hearing examiner independently determines that due process has not been adequately afforded to such party.

(3) At the request of any party to an administrative enforcement hearing, a hearing examiner may sign subpoenas for witnesses, documents, and other evidence where the attendance of the witness or the admission of evidence is deemed helpful by the hearing examiner to decide issues at the hearing. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena.

(4) A hearing examiner has continuing jurisdiction over the subject matter of an administrative enforcement hearing for the purposes of granting a continuance; ordering compliance by issuing an administrative enforcement order; ensuring compliance of that order, which includes authorizing the City to enter and abate a violation; modifying an administrative enforcement order; or, where extraordinary circumstances exist, granting a new hearing.

(5) A hearing examiner may require a responsible person to post a performance bond to ensure compliance with an administrative enforcement order, but only if agreed to by the enforcement official handling the matter for the City.

(6) A hearing examiner shall not make determinations as to the existence of nonconforming rights. If a responsible person claims a nonconforming right as a defense, the Hearing examiner shall continue the administrative enforcement hearing and shall refer the matter to the Provo City Board of Adjustment for a determination as to the existence of the nonconforming right. The Board of Adjustment’s decision shall be binding on the hearing examiner. The responsible person shall bear the costs of the appeal to the Board of Adjustment.