(A) When a hearing has been requested, the Code Enforcement Board shall schedule a hearing.
(B) Not less than seven calendar days before the date of the hearing, the Code Enforcement Board, through the City Clerk, shall notify the requester of the date, time, and place of the hearing. The notice may be given by 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 and who is informed of the contents of the notice.
(C) Any person requesting a hearing before the Code Enforcement 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. The Code Enforcement Board shall enter a final order determining the violation was committed and shall impose the civil fine set forth in § 38.32(C). A copy of the final order shall be served upon the person guilty of the violation.
(D) 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.
(E) At the hearing, the Code Enforcement Board shall, based on the evidence, determine whether a violation was committed. If it determines no violation was committed, an order dismissing the citation shall be entered. If it determines a violation was committed, an order shall be issued upholding the citation and the Code Enforcement Board may order the offender to pay a civil fine in an amount up to the maximum authorized by ordinance, or may order the offender to remedy a continuing violation within a specified time to avoid the imposition of a fine, or both, as authorized by ordinance. The final order may impose a civil fine for each day the violation continues to exist after a given time to remedy the violation. The final order shall inform the person of their responsibility to notify the Code Enforcement Officer that the violation has been remedied.
(F) Every final order of the Code Enforcement Board shall be reduced to writing, which shall include the findings and conclusions of the Board, and 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 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.
(Ord. 2019-9, passed 6-11-2019; Ord. 2020-8, passed 11-10-2020)