§ 31-85 HEARINGS.

   (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)

§ 31-86 PENALTIES.

   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)

§ 31-87 DEFAULT JUDGMENTS.

   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)

§ 31-88 APPEAL.

   (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)

APPENDIX: MAXIMUM LEVELS IN dB(A)s

 

Receiving Land Use	Impulsive Noise (0-10 secs.)		Intermittent Noise (10 secs.-5 mins.)		Continuous Noise (5 mins.-30 mins.)		Perpetual Noise (over 30 mins.)
	Day	Night	Day	Night	Day	Night	Day	Night
Residential	80 dB(A)	70 dB(A)	70 dB(A)	60 dB(A)	60 dB(A)	50 dB(A)	50 dB(A)	45 dB(A)
Commercial	90 dB(A)	80 dB(A)	75 dB(A)	65 dB(A)	65 dB(A)	60 dB(A)	55 dB(A)	50 dB(A)
Industrial	100 dB(A)	90 dB(A)	80 dB(A)	75 dB(A)	70 dB(A)	65 dB(A)	60 dB(A)	55 dB(A)

 

   Act 73 of the Public Acts of 1978, referred to in § 31-77, establishes the following levels for motor vehicles:

 

Vehicle Size
Speed Limit	8,500 lbs. or More	Motorcycles or Mopeds	All Others
35 mph	86 dB(A)	82 dB(A)	76 dB(A)
Over 35 mph	90 dB(A)	86 dB(A)	82 dB(A)

 

Noise Around Our Homes

Noise Source	Sound Level for Operator (in dB(A))
Refrigerator	40
Floor fan	38 to 70
Clothes dryer	55
Washing machine	47 to 78
Dishwasher	54 to 85
Hair dryer	59 to 80
Vacuum cleaner	62 to 85
Sewing machine	64 to 74
Electric shaver	75
Food disposal (grinder)	67 to 93
Electric lawn edger	81
Home shop tools	85
Gasoline power mower	87 to 92
Gasoline riding mower	90 to 95
Chain saw	100
Stereo	Up to 120

 

Intensity Levels and Human Speech-Hearing

dB
140	Threshold of pain
130	Feeling of tickle
120	Average threshold of discomfort for pure tones
110	Loud shout at one-foot distance
100	Discomfort for speech begins around this level
90
80	Loud speech
70
60	Average speech conversational level
50
40	Faint speech at three-foot distance
30	Whisper (average)
20	Very quiet speech (faint)
10
0	Threshold of hearing (young adult)

 

(Ord. 2741, passed 10-22-1979)