§ 35.08 CONDUCT OF HEARING.
   (A)   Upon request of the Code Inspector, or at such other times as may be necessary, the chair of the CEB or the Special Magistrate shall call for a hearing. A hearing also may be called by written notice signed by at least two members of the five-member CEB. Minutes shall be kept of all hearings by each CEB or the Special Magistrate, and all hearings and proceedings shall be open to the public. The Town Council shall provide clerical and administrative personnel as may be reasonably required by the CEB or the Special Magistrate for the proper performance of their duties.
   (B)   Each case before the CEB or Special Magistrate shall be presented by the local governing body attorney or by a member of the administrative staff of the town. If the town prevails in prosecuting a case before the CEB or Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the CEB or Special Magistrate and such costs may be included in the lien authorized under F.S. § 162.09(3). For purposes of this section, the term "all costs" includes the following:
      (1)   Attorney's fees incurred by the town in prosecuting all aspects of any case brought before the CEB or Special Magistrate;
      (2)   CEB or Special Magistrate fees incurred by the town for all aspects of the case heard by the CEB or Special Magistrate;
      (3)   Costs incurred by the town for providing notice, including postage costs;
      (4)   Costs incurred by the town for creating and presenting photographic or other evidence of the violation for the hearing; and
      (5)   Expert witness fees incurred by the town in prosecuting any case brought before the CEB or Special Magistrate.
   (C)   The CEB or Special Magistrate shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The CEB or Special Magistrate shall take testimony from the Code Inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
   (D)   At the conclusion of the hearing, the CEB or Special Magistrate shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue a written order affording the proper relief consistent with powers granted herein. In the case of a proceeding with the CEB, the finding shall be by motion approved by a majority of those members present and voting, except that at least three members of a five-member CEB must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed and, under the conditions specified in F.S. § 162.09(1), the cost of repairs may be included along with the fine if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this division and the order is complied with by the date specified in the order, the CEB or Special Magistrate shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.
(Ord. 5-2017, passed 12-28-2017; Ord. 02-2021, passed 4-22-2021)