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(A) The City Code Enforcement Department shall be composed of a Hearing Officer, a City Code Enforcement Commissioner, a System Coordinator, a Police Records Department and Hearing Room personnel, with the powers and authority as hereinafter set forth.
(1) The Hearing Officer shall preside over all adjudicatory hearings and shall have the following powers and duties:
(a) Hearing testimony and accepting evidence that is relevant to the existence of the city code violation;
(b) Issuing subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives;
(c) Preserving and authenticating the record of the hearing and all exhibits and evidence introduced at the hearing;
(d) Issuing and signing a written finding, decision and order stating whether a city code violation exists; and
(e) Imposing penalties consistent with applicable city code provisions and assessing costs upon finding a party liable for the charged violation, except, however, that in no event shall the Hearing Officer have authority to impose a penalty of incarceration.
(2) (a) Prior to conducting administrative adjudication proceedings under this chapter, the Hearing Officer shall have successfully completed a formal training program which includes the following:
1. Instruction on the rules of procedure of the administrative hearings over which the Hearing Officer shall preside;
2. Orientation to each subject area of the code violations that he or she will adjudicate;
3. Observation of administrative hearings; and
4. Participation in hypothetical cases, including ruling on evidence and issuing final orders.
(b) In addition, a Hearing Officer must be an attorney licensed to practice law in the state for at least three years.
(3) A formal training program shall be determined to have been completed by any Hearing Officer who, prior to appointment as a Hearing Officer, has served for a period of ten or more years as a judge or associate judge in any division of the circuit court of any county of the state, other than the criminal division.
(B) The City Code Enforcement Commissioner is authorized and directed to:
(1) Operate and manage the system of administrative adjudication of city code violations as may be permitted by law and directed by ordinance;
(2) Supervise the distribution and processing of notices as may be required under this chapter or as may be reasonably required to carry out the purpose of this chapter;
(3) Supervise the collection of monies paid as fines and/or penalties assessed after a final determination of liability;
(4) Certify copies of final determinations of city code violations adjudicated pursuant to this chapter, and any factual reports verifying the final determination of any violation liability which was issued in accordance with this chapter; and
(5) Pursue all post-judgment remedies available by law.
(C) The System Coordinator, Police Records Department, is hereby authorized and directed to operate and maintain the computer programs for the administrative adjudication system of the City Code Enforcement Department hereby created, on a day-to-day basis, including but not limited to:
(1) Input of city code violation notice information;
(2) Establish court dates and notice dates;
(3) Record determination of liability, fine and penalty assessment and payments;
(4) Issue payment receipts;
(5) Issue succeeding notice of hearing dates and/or final determination of liability, as directed by the City Code Enforcement Commissioner in accordance with the provisions hereinafter set forth;
(6) Keep accurate records of appearances and non-appearances at administrative hearings, pleas entered, judgments entered, sanctions imposed, if any, and fines and penalties assessed and paid;
(7) Collect unpaid fines and penalties and direct the pursuit of all post-judgment remedies available by law; and
(8) Perform other duties as directed by the City Code Enforcement Commissioner.
(D) Hearing Room personnel shall be qualified off-duty, full-time, part-time or auxiliary police officers or community service officers who are hereby authorized and directed to:
(1) Maintain hearing room decorum;
(2) Have and execute authority as is granted to courtroom deputies of Circuit Court; and
(3) Perform other duties or acts as may reasonably be required as directed by the Hearing Officer or the City Code Enforcement Commissioner.
(E) The Mayor is hereby authorized to appoint persons to hold the positions above set forth. One person may hold and fulfill the requirements of one or more of the above stated positions and compensation for each of the above stated positions shall be as approved by the City Council.
(Ord. 97-53, passed 12-9-1997)