(A) Default. The Administrative Hearing Officer may find a respondent in default if the respondent, his attorney, or authorized representative fails to appear at a hearing where proper service of notice of the hearing has been provided to the respondent, in accordance with this chapter, and where there is not a finding of good cause by the Administrative Hearing Officer for the respondent’s absence. Upon a finding of default, the hearing shall then proceed in absence of the respondent and evidence may be accepted relevant to the code violation. A copy of the findings, decision, and order resulting from the hearing shall be served on the respondent within five days after it is issued, in a manner consistent with service authorized in 38.06(B).
(B) Motion to set aside default judgment. The Administrative Hearing Officer may set aside any judgment entered by default and set a new hearing date, upon a petition filed by the respondent within 21 days after the issuance of the order of default, if the Administrative Hearing Officer determines that the respondent’s failure to appear at the hearing was for good cause, or at any time if the respondent establishes, by a preponderance of the evidence, that the city did not provide proper service of process. If any judgment is set aside pursuant to this section, the Administrative Hearing Officer shall have authority to enter an order extinguishing any lien that has been recorded for any debt due and owing the city as a result of the vacated default judgment. When a judgment is vacated, the Administrative Hearing Officer shall proceed immediately with a new hearing on the underlying violation(s) as soon as practical.
(Ord. 15-3507, passed 12-21-2015)