A. If the respondent’s request for a hearing is received by the court prior to the scheduled appearance, a hearing date will be set by the Municipal Court. The Municipal Court shall notify the respondent by mail of the date and time of the hearing.

B. The respondent may be represented by a lawyer at respondent’s expense. Respondent or respondent’s lawyer shall provide written notice to the court that respondent will be represented. If notice of appearance by a lawyer has not been provided the Judge at the hearing shall give the code enforcement officer the option of proceeding or postponing the hearing so that the City Attorney may be consulted.

C. The City Attorney may appear at any hearing where the respondent is represented by a lawyer, and may assist the code enforcement officer in all cases.

D. Each party shall have the right to present evidence and witnesses, to cross- examine the other party’s witnesses, and to submit rebuttal evidence.

E. If the respondent wishes to compel the attendance of witnesses, the respondent must submit a written request to the court at least 10 days prior to the scheduled hearing, accompanied by a fee of $35.00 per subpoena, or higher amount authorized by Council resolution, to cover the costs of preparing the subpoena. The code enforcement officer or the City Attorney may also request that the court subpoena witnesses. Signed subpoenas shall be given to the party seeking the subpoena, who shall be responsible for serving the subpoena and for paying subpoenaed witnesses a witness fee of $35.00 per day per witness.

F. Only evidence relevant to the infraction alleged in the citation will be considered or admitted. [Ord. NS-2159, 2011]