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At any time prior to the hearing date, the Hearing Officer assigned to hear the case may, at the request of either party, direct witnesses to appear and give testimony at the hearing. If on the date set for hearing the defendant or his or her attorney fails to appear, the Hearing Officer may find the defendant in default and shall proceed with the hearing and accept evidence relevant to the existence of a Code or ordinance violation.
The Hearing Officer may set aside any determination entered by default and set a re-hearing date, upon a petition filed within twenty one (21) days after the issuance of the determination of default, if the Hearing Officer determines that the petitioner's failure to appear at the hearing was for good cause or at any time if the petitioner establishes that the Village did not provide proper service of process. Such petition is a procedural prerequisite for judicial review. If any default determination is set aside, the Hearing Officer shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the Municipality as a result of the vacated default determination. (Ord. 19-06, 2-25-2019)