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(a) A Hearing Officer shall preside over contested blight violation hearings. The Hearing Officer shall play no role in enforcement activities.
(b) The Hearing Officer shall be a licensed attorney and otherwise meet all the qualifications as set forth in MCLA § 117.4q(11).
(c) The Hearing Officer will be appointed in a manner that is consistent with the Charter for the appointment of municipal officers or employees and shall only be removed for reasonable cause.
(d) The Hearing Officer shall have the following authority and duties:
(1) Hearing testimony and accepting evidence that is relevant to the existence of the blight violation.
(2) Issuing subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon request of a party or a party’s attorney.
(3) Preserving and authenticating the record of the hearing and all exhibits and evidence introduced at the hearing.
(4) Issuing a determination, based upon the evidence presented at the hearing, whether a blight violation exists. The determination shall be in writing and shall include written findings of fact, a decision and an order. The City shall have the burden of establishing the responsibility of the alleged violator by a preponderance of the evidence. Unless the burden is met, the matter shall be dismissed. A decision and an order shall not be made except upon consideration of the record as a whole or a portion of the record as may be cited by any party to the proceeding and as supported by and in accordance with the competent, material, and substantial evidence. A decision and order finding the alleged violator responsible for the violation shall include the civil fine, if any, or any action with which the violator must comply, or both.
(5) Imposing reasonable and proportionate sanctions consistent with applicable ordinance provisions and assessing costs upon a finding that the alleged violator is responsible for the alleged violation.
(Ord. 3772, passed 6-28-2010)
(a) To initiate a proceeding for a blight violation, the City shall issue and serve upon an alleged violator a written violation notice on which an authorized local official records the occurrence or existence of 1 or more blight violations by the person cited and which directs the named person to pay a civil fine for the violation or appear at the Administrative Hearings Bureau as provided in this section. A violation notice to appear at an Administrative Hearings Bureau shall be treated as made under oath if the violation alleged in the notice occurred in the presence of the authorized local official signing the violation notice and if the notice contains the following statement immediately above the date and signature of the official: “I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge, and belief”. An authorized local official may issue a violation notice to appear if, based upon the investigation, the official has reasonable cause to believe that the person is responsible for a blight violation and if the Chief Legal Officer or an Assistant City Attorney approves in writing the issuance of the violation notice.
(b) Any person authorized to issue a blight violation is also authorized to order the towing of abandoned vehicles.
(Ord. 3772, passed 6-28-2010; Ord. 3790, passed 2-14-2011)
The person named in the violation notice shall appear on or before the time specified in the violation notice and may respond to the allegations in the notice, as follows.
(a) If the alleged violator wishes to admit responsibility for the blight violation, the person may do so by appearing in person, by representation, or by mail. If appearance is made by representation or mail, the Administrative Hearings Bureau may accept the admission as though the person personally appeared. Upon acceptance of the admission, a Hearing Officer may order any of the sanctions permitted under this section.
(b) If the alleged violator wishes to deny responsibility for the blight violation, or admit responsibility with an explanation, the person may do so by appearing in person on the date scheduled for the administrative hearing for the purpose of adjudicating the alleged violation.
(c) If the alleged violator fails to appear, a decision and order of default may be entered.
(Ord. 3772, passed 6-28-2010)
(a) A party shall be provided with the opportunity for a hearing during which they may be represented by counsel, present witnesses, and cross-examine witnesses. A party may request the Hearing Officer to issue subpoenas to direct the attendance and testimony of relevant witnesses and the production of relevant documents. Hearings shall be scheduled with reasonable promptness, except that for hearings scheduled in all nonemergency situations the alleged violator, if he or she requests, shall have at least 14 days after service of process to prepare for the hearing. For purposes of this subsection,
NONEMERGENCY SITUATION means any situation that does not reasonably constitute a threat to the public interest, safety, or welfare. If service is provided by first class mail, the 14-day period begins to run on the day that the notice is deposited in the mail.
(b) In an administrative hearing under this section, the rules of evidence as applied in a nonjury civil case in Circuit Court shall be followed as far as practicable, but the Hearing Officer may admit and give probative effect to evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Irrelevant, immaterial, or unduly repetitious evidence may be excluded. Effect shall be given to the rules of privilege recognized by law. Objections to offers of evidence may be made and shall be noted in the record. Subject to these requirements, the Hearing Officer, for the purpose of expediting hearings and when the interests of the parties will not be substantially prejudiced thereby, may provide in an administrative hearing or by rule for submission of all or part of the evidence in written form.
(c) Any final decision by a Hearing Officer that a blight violation does or does not exist constitutes a final decision and order for purposes of judicial review and may be enforced in the same manner as a judgment entered by a Court of competent jurisdiction.
(Ord. 3772, passed 6-28-2010)
The penalty for a blight violation shall be a civil fine of up to $500.00. The Hearing Officer may also order action with which the violator must comply. However, the Hearing Officer may waive a fine for a blight violation at an owner-occupied dwelling for a first-time offender if the offender has corrected the circumstances for the violation. But in all cases the Hearing Officer shall impose a judicial system assessment of $10.00 for each blight violation determination. Upon payment of the assessment, the City shall transmit the assessment to the State Treasury.
(Ord. 3772, passed 6-28-2010)
An alleged violator may seek to set aside the entry of a decision and order of default within 14 days after the Bureau sends notice of the decision and order to the violator. The request must be written, must explain the reason for the nonappearance of the violator, and must state a defense to or an explanation of the alleged violation. For good cause, the Bureau may set aside the default and direct that a hearing on the violation take place.
(Ord. 3772, passed 6-28-2010)
(a) A party may file an appeal within 28 days after entry of the decision and order by the Hearing Officer. An appeal of a final decision and order of an Administrative Hearing Officer is to the Circuit Court.
(b) An alleged violator who appeals a final decision and order to Circuit Court shall post with the Administrative Hearings Bureau, at the time the appeal is taken, a bond equal to the fine and costs imposed. A party who has paid the fine and costs is not required to post a bond. If a party who has posted a bond fails to comply with the requirements of Supreme Court rules for an appeal to the Circuit Court, the appeal may be considered abandoned, and the Bureau may dismiss the appeal on seven days’ notice to the parties. The Administrative Hearings Bureau must promptly notify the Circuit Court of a dismissal, and the Circuit Court shall dismiss the claim of appeal. If the appeal is dismissed or the decision and order are affirmed, the Administrative Hearings Bureau may apply the bond to the fine and costs. An appeal by the City must be asserted by the City’s Attorney and a bond is not required.
(c) An appeal to Circuit Court shall be a review by the Court of the certified record provided by the Administrative Hearings Bureau. Pending appeal, and subject to the bond requirement, the Hearing Officer may stay the order and any sanctions or costs imposed. Once an appeal is filed, and subject to the bond requirement, the Court may stay the order and any sanctions or costs imposed. The Court, as appropriate, may affirm, reverse, or modify the decision or order, or remand the matter for further proceedings. The Court shall hold unlawful and set aside a decision or order of the Hearing Officer if substantial rights of an alleged violator have been prejudiced because the decision or order is any of the following:
(1) In violation of the Constitution or a statute, Charter, or ordinance.
(2) In excess of the authority or jurisdiction of the agency as conferred by statute, Charter, or ordinance.
(3) Made upon unlawful procedure resulting in material prejudice to a party.
(4) Not supported by competent, material, and substantial evidence on the whole record.
(5) Arbitrary, capricious, or clearly an abuse or unwarranted exercise of discretion.
(6) Affected by other substantial and material error of law.
(Ord. 3772, passed 6-28-2010)
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