(A) When a hearing has been requested, the Code Enforcement Board shall schedule a hearing. The hearing shall be conducted at the next regularly prescribed time for the Board to meet or the subsequent meeting date. The person requesting the hearing shall pay the applicable hearing fee prior to submitting the hearing request.
(B) The person requesting a hearing shall be notified of the hearing time and date via first-class mail or via hand delivery at the address provided in the request for the hearing.
(C) Failure to appear at the hearing may result in a default ruling against the person requesting the hearing.
(D) All testimony shall be taken under oath. Formal rules of evidence do not apply. The Board shall receive only relevant and material evidence. All evidence received shall be given such weight as the Board deems it is entitled after consideration of any objections that may be made. The Board shall receive such evidence that a reasonable mind might accept as adequate to support a conclusion.
(E) The hearing shall be recorded. A request for a copy of the recording of the hearing must be made in writing. The requesting party must pay a reasonable fee for the recording as determined by the City Clerk's Office. The Board has no obligation to preserve recordings beyond 30 days of the hearing date.
(F) The Code Enforcement Board shall, based on the evidence, determine whether a violation has occurred. If it is determined that no violation has occurred, an order dismissing the citation shall be entered. If it determines that a violation was committed, an order shall be issued upholding the citation imposing the appropriate fine and/or remedy for the violation.
(G) Every final order of the Code Enforcement Board shall be reduced to writing and 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 mailed via first class mail to the violator at the address indicated in the request for a hearing.
(Ord. 1640-2012, passed 9-25-12; Am. Ord. 1694-2015, passed 3-10-15)