The Board shall have the following powers and duties:
(A) To adopt rules and regulations to govern its operations and the conduct of its hearings.
(B) To conduct hearings to determine if there has been a violation of an Ordinance over which it has jurisdiction.
(C) To subpoena alleged violators, witnesses and evidence to its hearings. Subpoenas issued by the Board or an assigned hearing officer, may be served by any Code Enforcement Officer.
(D) To take testimony under oath. The Chairman shall have the authority to administer oaths for the purpose of taking testimony.
(E) To make findings of fact and issue orders necessary to remedy any violation of a City Ordinance or Code provision which the Board is authorized to enforce.
(F) To issue remedial orders and impose civil fines, as authorized, against any person who is found to have violated an Ordinance over which the Board has jurisdiction.
(G) To make any recommendations to City Council deemed necessary by the Board.
(H) Hearing officer.
(1) The Board may assign a hearing officer to conduct hearings in accordance with the procedures set forth in Section 8 of The Act.
(2) (a) Any member of the Code Enforcement Board, including the Chair, may be assigned as a hearing officer.
(b) An individual that is not a member of the Code Enforcement Board may be assigned by the Code Enforcement Board as a hearing officer as long as the individual does not hold any elected or appointed office or position of employment with a unit of the city.
(3) Any person assigned to be a hearing officer by a Code Enforcement Board shall have experience or shall have received training in the code enforcement process and basic procedural due process, as specified in the ordinance creating, the Code Enforcement Board. The experience or training shall include, at a minimum, 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 hearings;
(c) Examine the evidence opposing the party; and
(d) Confront and cross-examine the witnesses opposing the party.
(4) An assigned hearing officer may administer oaths to witnesses prior to their testimony and subpoena alleged violators, witnesses, and evidence to the hearing to which the officer is assigned.
(5) Any hearing conducted by a hearing officer under this section shall conform to the procedural requirements of subsections (1) to (5) of Section 8 of The Act.
(6) (a) The hearing officer shall make written findings of fact and conclusions of law, and enter final orders, consistent with the authority granted to the Code Enforcement Board under subsection (4) of Section 8 of The Act.
(b) The findings of fact, conclusions of law, and final order shall be forwarded within 24 hours of entry to the alleged violator in the manner required by subsection (5) of Section 8 of The Act and to the Code Enforcement Board.
(7) A final order issued by a hearing officer under this section may be appealed by the alleged violator to the Code Enforcement Board. The appeal shall be filed in writing to the Code Enforcement Board within seven days of the receipt of the final order. The failure to file an appeal within seven days shall render the order entered by the hearing officer final for all purposes and an individual receiving a final order under this section shall be required to exhaust the administrative remedy of appeal to the Code Enforcement Board before appealing to District Court as authorized under Section 9 of the Act.
(Ord. O-07-02, passed 4-30-02; Am. Ord. O-10-16, passed 6-21-16)