(A) When an appeal has been properly filed and a hearing has been requested, the Code Enforcement Board shall convene for the purposes of conducting a hearing not later than 60 days after the appeal has been filed with the City Clerk. Otherwise the Code Enforcement Board may convene for the purpose of conducting any other business brought before it or a majority of the membership of the Code Enforcement Board.
(B) Not less than seven days before any requested hearing, the Code Enforcement 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, 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.
(C) Any person requesting a hearing before the Code Enforcement Board who fails to appear at the time and place set for the healing shall be deemed to have waived the right to a hearing on an appeal of a notice of violation or citation and a determination that a violation was committed shall be entered and become final. The Code Enforcement Board shall enter a final order confirming the violation and impose fines, charges, costs (including abatement costs which have or are to be incurred by the city), penalties, and/or fees, including administrative fees assessed in the citation. The Code Enforcement Board may also direct that property owner, resident, tenant, occupant, persons having control or management of the property, or other violator to abate the nuisance within a reasonable time not to exceed 30 days and provide for a daily fine at a rate of not more than $ 100 per day for each beyond the time specified to abate the violation that the violation continues to exists. A copy of the final order shall be served upon the violator/appellant.
(D) When a hearing is held under this section, the Code Enforcement Board shall elicit testimony from witnesses and allow relative demonstrative evidence. All testimony shall be recorded by audio, video, or stenographic means. The chairperson, any Code Enforcement Board member, or counsel to the Code Enforcement Board 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”. Testimony shall be taken from the Code Enforcement Officer, the 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 Code Enforcement 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 Code Enforcement Board determines that a violation has been committed, an order shall be issued upholding the citation and the Code Enforcement Board shall impose the fines, charges, costs (including abatement costs which have or are to be incurred by the city), penalties, and/or fees, including administrative fees assessed up to the maximum authorized under this property maintenance code. The Code Enforcement Board may also direct the property owner, resident, tenant, occupant, persons having control or management of the property, or other violator to abate the nuisance within a reasonable time not to exceed 30 days and provide for a daily fine at a rate of not more than $100 per day for each day beyond the time specified to abate the violation that the violation continues to exists. If the violator does not abate in the manner required and within the time provided in the final order and a daily fine has not been imposed by the Code Enforcement Board, another citation may be issued for the same violations.
(F) Every final order of the Code Enforcement Board shall be reduced to writing and shall include the findings and conclusions of the Code Enforcement Board, the date the order was issued, and be signed by the presiding member of the Code Enforcement Board at the time of the hearing. A copy of the final order shall be served upon the violator/appellant.
(G)
The 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 Code Enforcement Board or any court of competent jurisdiction upon the expiration of any time given to the violator to abate the violation, if any.
(H) The Mayor shall preside over the hearings and shall regulate the course of the proceedings in a manner which will promote the orderly and prompt conduct of the hearing. The Mayor, at appropriate stages of the proceedings, shall give the parties full opportunity to file pleadings, motions and objections. The Mayor may issue subpoenas and discovery orders when requested by a party and shall administer oaths to all witnesses who testify. The Mayor shall not have a vote.
(Ord. 92A, passed 8-19-2013; Ord. 2023-03, passed 5-16-2023)