(A) (1) The Hearing Officer shall take testimony of the Building Inspector, the owner of the property and any interested party. The Hearing Officer shall have the power to administer oaths and affirmations and to certify official acts. The hearing need not be conducted in accordance with the technical rules of evidence adopted for the courts of records in the State of Michigan. A record of the entire hearing shall be made by tape recording or by other means of permanent recording determined appropriate by the Hearing Officer. A transcript of the proceedings shall be made available to all parties upon request and payment of a fee prescribed therefore. The fee shall be the actual cost incurred by the village in making the transcript. Any relevant evidence may be admitted. As used herein, RELEVANT EVIDENCE shall be the type of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Such RELEVANT EVIDENCE shall be admitted regardless of whether or not it would be admissible in civil actions in courts of competent jurisdiction of this state. Irrelevant and unduly repetitious evidence shall be excluded.
(2) Each party shall have the following rights:
(a) To call and examine witnesses on any matter relevant to the issues before the Hearing Officer;
(b) To introduce documentary and physical evidence;
(c) To cross examine opposing witnesses on any matter relevant to the issues before the Hearing Officer;
(d) To impeach any witness regardless of which party first called the witness to testify;
(e) To refute the evidence;
(f) To represent himself or herself or to be represented by anyone of his or her choice including, but not limited to, an individual licensed to practice law in the State of Michigan; and
(g) To make a closing statement at the conclusion of the evidentiary portion of the hearing.
(B) (1) The Hearing Officer shall render his or her decision at the close of the proceedings. In rendering his or her decision, the Hearing Officer may consider any one or all of the following:
(a) The evidence presented;
(b) The condition of the building or structure as a whole;
(c) The extent of the deterioration of the building or structure;
(d) The cost of demolishing the building or structure;
(e) The cost of making the building or structure safe;
(f) Whether a reasonable person exercising prudent business judgment would determine the cost of making the building or structure safe would exceed 50% of the market value of the structure after the repairs were completed;
(g) Whether the structure has significant historical, cultural or architectural value;
(h) The effect the completion of the demolition and removal or of making the building or structure safe would have upon the health, safety and welfare of the area immediately surrounding the building or structure in question; and
(i) Whether actual substantial progress has been made by the owner to make the building safe. In determining whether substantial progress has been made, the Hearing Officer shall consider such factors as whether a building permit has been obtained relative to the repairs, whether the owner has contracted for necessary materials or services, and the extent to which the repairs or demolition has progressed.
(2) At the conclusion of the hearing, the Hearing Officer shall make written findings of fact based upon the evidence and testimony presented at the hearing, and if the Hearing Officer shall deem it necessary or helpful in his or her consideration of the matter, an on-site inspection of the building, structure or part thereof alleged to be dangerous.
(C) If it is determined by the Hearing Officer that the building or structure should be demolished or otherwise made safe, he or she shall so order, fixing a time by which the owner of the building shall complete the required alterations, repairs or rehabilitation, or the demolition and removal of the building, structure or a part thereof. In no event shall the period established by the Hearing Officer for the completion of the alterations, repairs or rehabilitation, or the demolition and removal of the building, structure or part thereof exceed 90 days from the effective date of the Hearing Officer's decision. A copy of the Hearing Officer's decision shall be given to the owner in the manner set forth for notice in this section, except only one publication shall be required.
(D) If the owner fails to appear or neglects or refuses to comply with the order, the Hearing Officer shall file a report of his or her findings and a copy of his or her order with the Village Council and request that the necessary action be taken to demolish or otherwise make safe the building or structure.
(E) The Village Council shall fix a date for a hearing to review the findings of fact and order of the Hearing Officer and shall give notice to the owner, in the manner prescribed in § 152.06 of the time and place of the hearing. At the hearing the owner shall be given the opportunity to show cause why the building should not be demolished or otherwise made safe.
(F) At the conclusion of the hearing, the Village Council shall pass a resolution either approving, disapproving or modifying the order of the Hearing Officer, and fixing a time by which the owner shall complete the required alterations, repairs or rehabilitation, or demolition and removal of the building, structure or part thereof. A copy of the resolution of the Village Council shall be given to the owner in the manner set forth for notice in this chapter, except only one publication shall be required. The effective date of the Village Council's resolution shall be the date on which said resolution was adopted by the Village Council.
(Ord. 4-2007, passed 3-24-2008)