(A) When an appeal has been properly filed and a hearing has been requested, the Board shall convene for the purposes of conducting a hearing not later than 60 days after the appeal has been filed with the city. Otherwise the Board may convene for the purpose of conducting any other business brought before it or a majority of the membership of the Board.
(B) Not less than ten days before any requested hearing, the Board shall notify the appellant of the date, time, and place of the hearing. Notice shall be given by certified mail, return receipt requested at his or her last known address; or by personal delivery.
(C) Any person requesting a hearing before the Board who fails to appear at the time and place set for the hearing shall be deemed to have waived the right to a hearing on an appeal a notice of violation or citation and a determination that a violation was committed shall be entered and become final. The Board shall enter a final order confirming the violation and shall direct the nuisance to be abated and/or impose the fines, charges, costs, penalties and/or fees, including administrative fees assessed in the citation. If the violator has not abated the nuisance conditions on the notice of violation or citation within the time provided, the city may promptly abate the nuisance and/or issues another violation which may be a new and separate offence in accordance with § 150.04(A) above. A copy of the final order shall be served upon the violator/appellant.
(D) When a hearing is held under this section, the Board shall elicit testimony from witnesses and allow relative demonstrative evidence. All testimony shall be recorded by audio, video or stenographic means.
(1) The Chairperson or any Board member shall have authority to administer the following oath.
"Do you solemnly swear and affirm to tell the truth, the whole truth and nothing but the truth".
(2) Testimony shall be taken from the Property Maintenance Code Enforcement Officer, the alleged violator and any witnesses to the violation offered by the Property Maintenance Code Enforcement Officer or alleged violator and any witnesses with relevant personal knowledge of the violation or citation on appeal. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(E) In making its determination, the Board shall, based solely on the evidence, adduced during the hearing determine by a preponderance of the evidence whether or not a violation has been committed. If at the conclusion of the hearing, the Board determines that a violation has been committed, an order shall be issued upholding the notice of violation or citation and the Board shall authorize the Building and Codes Department to abate the nuisance condition on appeal and impose reasonable and necessary fines, charges, costs, penalties and/or fees, including administrative fees imposed therein, or a combination of the forgoing remedies. Provided however, the final order of the Board shall provide the violator with reasonable time, not to exceed 30 days, to abate the violation. If the violator does not abate in the manner required and within the time provided in the final order, another notice of violation may be issued in accordance with § 150.04(A) above, for another violation of the Property Maintenance Code.
(F) Findings of fact, conclusions of law and decisions of the Board shall be reduced to writing and signed and dated by the majority of the Board the date the order was entered. A copy of the findings of fact, conclusions of law and decisions of the Board shall be furnished to the appellant named in the citation at his or her last known address.
(G) The Property Maintenance Code Enforcement Officer may abate the violation in order to bring the property into compliance with the Property Maintenance Code if a final order upholding the citation is entered by the Board or any court of competent jurisdiction.
(Ord. 08-07, passed 8-4-2008)