(A) When a hearing has been requested, the Code Enforcement Board shall schedule a hearing.
(B) Not less than seven days before the date of the hearing, the Code Enforcement Board shall notify the requestor of the date, time and place of hearing. The notice may be given by regular first-class mail, certified mail, return receipt requested; by personnel 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 content 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 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. The Code Enforcement Board shall enter a final order determining the violation was committed and shall impose the civil fine set forth in the citation, and the alleged violator shall be deemed to have waived the right to appeal the final order to District Court. A copy of the final order shall be provided to the cited violator by regular first-class mail, personal delivery or by posting the order on the premises.
(D) All testimony shall be taken under oath and recorded. Testimony shall be taken from the Code Enforcement Officer, the alleged violator, and any witnesses to the violation offered by the Code Enforcement Officer or alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(E) The Code Enforcement Board shall, based on the evidence, determine whether a violation was committed. If it determines that no violation was committed, an order of dismissing the citation shall be entered. If it determines that a violation was committed, an order may be issued upholding the citation and either imposing a fine up to the maximum authorized by this or other ordinance or requiring the offender to remedy a continuing violation to avoid a fine, or both.
(F) Every final order of the Code Enforcement Board shall be reduced to writing, which shall include 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.
(Prior Code, § 34.100) (Ord. 09-2003, passed 4-21-2003; Ord. 24-2016, passed 12-19-2016)