The administrative adjudication of ordinance violations, pursuant to this chapter, shall adhere to the following procedures:
(A) Complaint.
(1) Upon finding an alleged ordinance violation, a city official shall prepare and issue a complaint.
(2) The complaint shall contain, but not necessarily be limited to, the following information:
(a) The name and last known address of the respondent;
(b) The date, time, and location at which the alleged violation was observed;
(c) A statement detailing the type and nature of the violation;
(d) The chapter and section of the city code alleged to have been violated;
(e) The signature and identification of the city official issuing the complaint, which signature shall act as a certification of the accuracy of all information contained within the complaint;
(f) The names of witnesses to the alleged violation;
(g) The date, time and location of the City Code Hearing at which the alleged violation shall be administratively adjudicated, which hearing date shall not be less than 30, nor more than 40 days after the date of the complaint in non-emergency situations. For purposes of this chapter, "non-emergency situation" means any situation that does not reasonably constitute a threat to the public interests, safety or welfare. In emergency situations, meaning those situations that reasonably constitute threats to the public interests, safety or welfare, the hearing date shall not be less than three, nor more than seven days after the date of the complaint.
(3) The signed complaint shall constitute prima facie evidence of the violation.
(B) City Code Hearing Department procedures.
(1) The original and a copy of the complaint shall be provided to the City Code Hearing Department.
(2) Upon receiving the complaint, the Code Hearing Department shall assign a docket number to the complaint.
(3) The City Code Hearing Department shall retain the complaint as part of the record of the administrative adjudication hearing.
(C) Service of complaint. Respondents shall be served with complaints in a manner reasonably calculated to give them actual notice of the complaint, including, as appropriate:
(1) Personal service upon the respondent or its employees or agents;
(2) Service by first class mail at the respondent's last known address;
(3) Notice that is posted upon the property where the alleged violation is found when the respondent is the owner or manager of the property; or
(4) Such other method as is reasonably calculated to provide the respondent with actual notice of the administrative hearing proceedings.
The complaint shall be served along with a summons commanding the respondent to appear at the administrative adjudication hearing. The summons shall include the following information:
(1) The type and nature of the code violation to be adjudicated;
(2) The date and location of the adjudicatory hearing;
(3) The legal authority and jurisdiction under which the hearing is to be held; and
(4) The penalties for failure to appear at the hearing.
(D) Sufficiency of pleadings.
(1) The complaint and summons shall be liberally construed with the view to doing substantial justice between parties.
(2) If any complaint is insufficient in substance or form, the hearing officer may order a fuller or more particular statement. If the complaint does not sufficiently define the issues, the hearing officer may order another complaint prepared.
(3) No complaint is bad in substance which contains such information as reasonably informs the respondent of the nature of the claim which he is called upon to meet.
(4) All defects in pleadings, either in form or substance, not objected to prior to the hearing are waived.
(E) Conduct of administrative adjudication hearings.
(1) At any hearing conducted pursuant to this chapter, the respondent may be represented by counsel, present witnesses or other evidence on his or her own behalf, and cross-examine opposing witnesses.
(2) Any party to a hearing conducted pursuant to this chapter may request the hearing officer to issue subpoenas directing the attendance and testimony of relevant witnesses and the production of relevant documents.
(3) All continued or adjourned hearings shall be scheduled with reasonable promptness commensurate with the nature and status of the proceeding.
(4) The formal and technical rules of evidence do not apply in any hearing under this chapter. Evidence, including hearsay, may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(5) No continuances shall be authorized by the hearing officer except in cases where a continuance is absolutely necessary to protect the rights of the respondent. Lack of preparation shall not be grounds for a continuance. Any continuance authorized by a hearing officer shall not exceed 25 days.
(6) All administrative adjudication hearings conducted pursuant to this chapter shall be recorded.
(7) All alleged ordinance violations adjudicated pursuant to this chapter shall be prosecuted by the Corporation Counsel or his designee.
(8) The case for the respondent may be presented by the respondent, his or her attorney, or any other agent or representative.
(9) The burden of proof in all ordinance violations adjudicated pursuant to this chapter shall be upon the respondent to refute the prima facie case set forth in the complaint. Such burden shall be by a preponderance of the evidence.
(10) Hearings shall regularly take place on Thursdays at 1:30 p.m. in the City Council Chambers on the lower level of the Municipal Building, 17 West Main Street, or such other days and times as may be necessary and designated by the Code Hearing Department.
(F) Failure to appear. If, on the date set for hearing, the respondent or his or her attorney fails to appear, the hearing officer may find the respondent in default and shall proceed with the hearing and accept evidence relevant to the existence of a city code violation.
(Ord. 8088, passed 4-4-00; Am. Ord. 8632, ;assed 2-3-09)