a. When a hearing has been requested, the Board shall schedule a hearing for the next regular meeting of the board that will permit adequate notification to be made to all parties.
b. Not less than seven (7) days before the date of the hearing, the Board shall notify the requester of the date, time and place of the hearing. The notice may be given by regular first-class mail; certified mail, return receipt requested, by personal delivery, or by leaving the notice at the person’s usual place of residence with any individual residing therein who is eighteen (18) years of age or older and who is informed of the contents of the notice.
c. Any person requesting a hearing before the Board who fails to appear at the hearing shall be deemed to have waived the right to a hearing to contest the citation and the determination that a violation was committed shall be final. In this event, the citation, as issued, shall be deemed a final order determining that the violation was committed and imposing the civil fine set forth in the citation and the alleged violator shall be deemed to have waived the right to appeal the final order to District Court. A copy of the final order shall be served on the violator by regular first-class mail; certified mail, return receipt requested; by personal delivery; or by leaving the notice at the person’s usual place of residence with any individual residing therein who is eighteen (18) years of age or older and who is informed of the contents of the notice.
d. All testimony shall be taken under oath and recorded. Testimony shall be taken from the Code Enforcement Officer, the alleged violator and any witnesses to the violation offered by the Code Enforcement Officer or alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
e. The Board shall, based on the evidence, determine whether a violation was committed. If it determines that no violation was committed, an order dismissing the citation shall be entered. If it determines that a violation was committed, an order shall be issued upholding the citation and either imposing a fine up to the maximum authorized or requiring the violator to abate a continuing violation, or both.
f. Every final order of the Board shall be reduced to writing, which shall include the date the order was issued and the findings and conclusions reached, including the fine, charges and costs, including abatement costs, imposed. The Board may also direct the violator to abate the violation within a reasonable time and to assess daily fines for noncompliance. A copy shall be furnished to the person named in the citation. If the person named is not present when the final order is issued, the order shall be delivered to that person by regular first-class mail; certified mail, return receipt requested; by personal delivery; or by leaving the notice at the person’s usual place of residence with any individual residing therein who is eighteen (18) years of age or older and who is informed of the contents of the notice.
(Ord. BG2000-41, 10/17/2000; Ord. BG2003-61, 12/2/2003; Ord. BG2014-12, 8/5/2014; Ord. BG2016-40, 12/20/2016; Ord. BG2018-14, 3/28/2018; Ord. BG2018-46, 12/4/2018)