(A) When a hearing before the Board has been requested, the Board, through its clerical and administrative staff, shall schedule a hearing. Not less than seven days before the date set for the hearing, the Board shall notify the person who requested the hearing of the date, time and place of the hearing. The notice of hearing may be given by:
(1) Regular first-class mail;
(2) Certified mail, return receipt requested;
(3) Personal delivery; or
(4) By leaving the notice at the person’s usual place of residence with any person residing
therein who is 18 years of age or older and who is informed of the contents of the notice.
(B) Each case before the Board may be prosecuted by an attorney selected by the city or a Code Enforcement Officer, or other person designated by the City Manager or his or her designee.
(C) All testimony at the Board hearings shall be under oath and shall be recorded. The Board shall take testimony from the Code Enforcement Officer, the alleged offender and any witnesses regarding the alleged violation offered by the prosecutor or the alleged offender. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(D) At the hearing, the Board shall determine, based on the evidence presented, whether a violation was committed. When the Board determines that no violation was committed, an order dismissing the citation shall be entered. When the Board determines that a violation has been committed, it shall issue an order upholding the citation and may order the offender to pay a civil fine in an amount authorized by ordinance, or may order the offender to remedy a continuing violation within a specified period of time to avoid the imposition of the fine, or may order both.
(E) Every final order of the Board shall be reduced to writing and include findings and conclusions reached and the date the order was issued. A copy of the order shall be furnished to the person named in the citation. If the person named in the citation is not present at the time a 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 a copy of the order at that person’s usual place of residence with any person residing therein who is 18 years of age or older and who is informed of the contents of the order.
(F) 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 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 as set forth in the citation, and the person shall be deemed to have waived the right to appeal the final order to District Court.
(G) Notice of a final order shall be provided to the cited violator by regular first-class mail; certified mail, return receipt requested; 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 the contents of the notice.
(1984 Code, § 92.18) (Ord. O-13-03, passed 4-1-2003; Ord. O-49-12, passed 12-4-2012; Ord. O-32-16, passed 11-15-2016; Ord. O-15-20, passed 8-11-2020)