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then take testimony from the city. Both the petitioner and the city may appear with legal <br />counsel. <br />(6) Decision. <br />(a) The Hearing Examiner must issue a written decision containing findings of fact, <br />conclusions of law and an order. The decision will be mailed to the parties within ten <br />days after the hearing. The Hearing Examiner has the authority to determine that a <br />violation occurred, to dismiss a citation, to impose the scheduled fine, and to reduce, <br />stay, or waive a scheduled fine either unconditionally or upon compliance with <br />appropriate conditions. When imposing a penalty for a violation, the Hearing Examiner <br />may consider any or all of the following factors: <br /> 1. Duration of the violation; <br />2. Frequency of reoccurrence of the violation; <br />3. Seriousness of the violation; <br />4. History of the violation; <br />5. Violator's conduct after issuance of the administrative notice and citation; <br />6. Violator's conduct after issuance of the notice of hearing; <br />7. Good faith effort by the violator to comply; <br />8. Impact of the violation upon the community; <br />9. Prior record of city code violations; and <br />10. Any other factors appropriate to a just result. <br />(b) The Hearing Examiner may not impose a fine greater than the established fine, <br />except that the Hearing Examiner may impose a fine for each week that the violation <br />continues if: <br />1. The violation caused or is causing a serious threat of harm to the public <br />health, safety, or welfare; or <br />2. The violator intentionally and unreasonably refused or refuses to comply <br />with the code requirement. <br />(7) Failure to appear. The failure to attend the hearing constitutes a waiver of the violator's <br />rights to an administrative hearing and an admission of the violation. A Hearing <br />Examiner may waive this result upon good cause shown. Examples of "good cause" are: <br />death in the immediate family or documented incapacitating illness of the violator; a <br />court order requiring the violator to appear for another hearing at the same time; and <br />lack of proper service of the citation or notice of the hearing. "Good cause" does not <br />include: forgetfulness; lack of transportation or child care; and intentional delay.