(A) When a hearing has been requested, the Board shall schedule a hearing. The Board shall hold hearings once a month.
(B) Not less than seven 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 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 18 years of age or older and who is informed of its contents.
(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 to contest the citation and a determination that a violation was committed shall be entered and become final. The Board shall enter a final order determining the violation was committed and shall cause the nuisance to be abated and/or impose the fine set forth in the citation, and the alleged violator shall be deemed to have waived the right to appeal the final order to the District Court. The final order shall provide the offender, in accord with division (E)(1) of this section, a reasonable time to remedy the violation. If the offender does not remedy in the time provided, another notice of violation may be issued, in accordance with § 33.196, for another violation of the code. A copy of the final order shall be served upon the offender by regular first-class mail; by 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 18 years of age or older and who is informed of its contents.
(D) All testimony shall be taken under oath and recorded by audio, video, or stenographic means. Testimony shall be taken from the Code Official, the alleged violator, and any witnesses to the violation offered by the Code Official or the alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(E) Based on the evidence, the Board shall determine whether a violation was committed. In making its determination, the Board shall uphold the citation unless the issuance of the citation was clearly erroneous. If clearly erroneous, an order dismissing the citation shall be entered. If pictorial or photographic evidence is provided or if no such evidence is provided and the Board still determines that a violation was committed, an order shall be issued upholding the citation and either imposing a fine up to the maximum authorized by this subchapter or other ordinance, or requiring the offender to remedy a continuing violation, or both.
(1) The final order shall provide the offender a reasonable time, not to exceed ten days, to remedy the violation.
(2) If the offender does not remedy in the time provided in the final order, another notice of violation may be issued, in accordance with § 33.193(B), for another violation of the code.
(F) Every final order of the Board shall be reduced to writing, which shall include the findings and conclusion reached and the date the order was issued. A copy shall be furnished to the person named in the citation. If the person named in the citation is not present when the final order is issued, the order shall be delivered in accordance with the procedures set forth in division (B) above.
(G) The Code Official, at his or her discretion, may remedy the violation to bring the property into compliance with the code if the citation is not contested or if a final order upholding the citation is entered by the Board.
(Ord. 2010-11, passed 5-12-2010; Ord. 2011-7, passed 7-27-2011; Ord. 2022-2, passed 3-24-2022)