(A) Eligibility.
(1) The Code Enforcement Board may assign any of its members, including the chair, to be a hearing officer.
(2) The Board may assign an individual who is not a member of the Board to be a hearing officer as long as the individual does not hold any elected or appointed office or position of employment with the city.
(B) Experience and training.
(1) A person assigned to be a hearing officer by the Code Enforcement Board shall have experience or shall have received training in the code enforcement process and basic procedural due process. At a minimum, the experience or training shall include acquired knowledge regarding a party's fundamental due process right to:
(a) Be accompanied and advised by counsel at the hearing;
(b) Present evidence and witnesses on his or her behalf at the hearing;
(c) Examine the evidence opposing the party; and
(d) Confront and cross-examine the witnesses opposing the party.
(2) The Code Enforcement Board may establish additional standards in writing, including but not limited to examples of qualifying experience and training, and minimum amounts of experience or training required.
(3) Before assigning a person as a hearing officer, the Code Enforcement Board shall require the person to submit a written, signed affidavit describing and verifying the experience or training received. The affidavit shall be provided on a form prescribed by the Code Enforcement Board.
(4) The Code Enforcement Board shall determine whether the affidavit satisfies the experience or training requirements as set forth in this paragraph and any additional standards established in writing by the Board. The Board shall not assign a person as a hearing officer unless it has determined that the affidavit satisfies the experience or training requirements.
(C) Hearing powers and procedures.
(1) An assigned hearing officer may administer oaths to witnesses prior to their testimony and subpoena alleged violators, witnesses, and evidence.
(2) Any hearing conducted by a hearing officer shall conform to the procedural requirements in § 35.109.
(D) Final order.
(1) Following a hearing, the assigned hearing officer shall make written findings of facts and conclusions of law, and enter a final order in accordance with § 35.109(E).
(2) Within twenty-four (24) hours of entry, these findings, conclusions, and final order shall be forwarded to the alleged violator, and to the Code Enforcement Board. The findings, conclusions, and recommended order may be delivered to the alleged violator by regular first-class mail; certified mail, return receipt requested; personal delivery; or by leaving the notice at the person's usual place of residence with any individual residing therein who is eighteen (18) years of age or older and who is informed of the contents of the delivery.
(E) Appeal from final order.
(1) An alleged violator may appeal a final order issued by a hearing officer to the Code Enforcement Board.
(2) The appeal shall be filed in writing to the Code Enforcement Board within seven (7) days of receipt of the final order. Failure to file an appeal within seven (7) days shall render the order final for all purposes.
(3) An alleged violator shall exhaust the administrative remedy of appeal to the Code Enforcement Board before pursuing an appeal to District Court in accordance with § 35.111.
(Ord. 11-16-1, passed 11-14-16; Am. Ord. 10-23-2, passed 10-9-23)