(A) When a hearing has been requested, the Board shall schedule a hearing.
(B) Not less than seven calendar days before the date of the hearing, the Board shall notify the requester of the date, time and place of the hearing. The notice may be given by regular first class mail, certified mail, return receipt requested; by personal delivery; or, by leaving the notice at the person's usual place of residence with any individual residing therein who is 18 years of age or older and who is informed of the contents of the notice. The Board may also elect to provide notice of hearing to any lienholders with an interest in the subject premises.
(C) Any person requesting a hearing before the Board who fails to appear at the time and place set for the hearing shall be deemed to have waived the right to a hearing to contest the citation and the determination that a violation was committed shall be final. In this event, the citation, as issued, shall be deemed a final order determining the violation was committed and impose the civil fine set forth in the citation and the alleged violator shall be deemed to have waived the right to appeal the final order to District Court. Notice of the final order shall be provided to the cited violator in the manner set forth in subsection (5) of Section 8 of The Act.
(D) Each case that is the subject of a hearing may be presented by an attorney selected by the city or by a member of the administrative staff of the city. An attorney may either be counsel to the Code Enforcement Board or may represent the city by presenting cases at the hearing, but in no case shall an attorney serve in both capacities.
(E) All testimony shall be taken under oath and recorded. Testimony shall be taken from the Code Enforcement Officer, the alleged violator, and any witnesses to the violation offered by the Code Enforcement Officer or alleged violator. Formal rules of evidence shall not apply but fundamental due process shall be observed and shall govern the proceedings.
(F) If the Board conducts the hearing, or upon the receipt of recommendations of a hearing officer pursuant to subsection (6) of Section 5 of the Act, then the Board shall determine, based on the evidence, determine whether a violation was committed. If it determines that no violation was committed, an order dismissing the citation shall be entered. When the Board determines that a violation has been committed, the Board may issue an order upholding the citation and may order the offender to do either or both of the following:
(1) Pay a civil fine in an amount up to the maximum authorized by the ordinance; or
(2) Remedy a continuing violation within a specified time to avoid the imposition of a fine as authorized by ordinance.
(G) Every final order following a hearing of the Board shall be reduced to writing which shall 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 delivered to that person by regular first- class mail, certified mail, return receipt requested, by personal delivery, or by leaving a copy of the order at that person’s usual place of residence with any individual residing therein who is 18 years of age or older and who is informed of the contents of the order.
(H) If the Board is reviewing a final order entered by a hearing officer as authorized by subsection (7) of Section 5 of The Act, the Board shall review the record created before the hearing officer and determine whether there is substantial evidence on the record to support a finding by the hearing officer that a violation was committed. If the Board determines that there is not substantial evidence on the record, it shall issue an order dismissing the citation. If the Board determines that there is substantial evidence on the record, it shall issue a final order upholding the order entered by the hearing officer. The provisions of divisions (A) and (F) of this section shall apply to any appeal hearing conducted pursuant to this section.
(Ord. O-07-02, passed 4-30-02; Am. Ord. O-10-16, passed 6-21-16; Am. Ord. O-10-16, passed 6-21-16)