(A) A person receiving a notice of violation issued pursuant to this subchapter or a bill issued pursuant to this subchapter may request, in writing, a hearing before the Hearing Officer to dispute the existence of a violation on his or her real estate or dispute the accuracy of a bill issued. The request must be received by the Department within ten business days of the date of service of the violation notice, or within ten days of the date that the bill was served. A hearing will be held within 30 days of the Department’s receipt of a timely written request for such hearing.
(B) At the hearing before the Hearing Officer, the person receiving a violation notice will be given the opportunity to appear, with or without counsel, to present such evidence to the Hearing Officer. Each person appearing shall have the opportunity to cross-examine those persons establishing the violation for the Department, and testify on their own behalf.
(C) At the hearing, the Hearing Officer shall enter a finding determining whether the party notified is the owner of the real estate; and whether the condition of the real estate is in violation of this subchapter or whether the bill issued is accurate. The Hearing Officer may affirm or modify the violation notice or the bill consistent with the Hearing Officer’s findings.
(D) Any appeal from the findings and order of the Hearing Officer shall be taken in accordance with the provisions of I.C. 36-1-6-9.
(Ord. 2013-220, passed 5-6-2013)