(A) Default. If at the time set for hearing, the defendant, or the defendant’s attorney or agent of record, fails to appear, and the hearing was neither postponed by the Code Enforcement Administrator, pursuant to his or her authority under § 11.06(B)(8), nor continued by the Hearing Officer pursuant to his or her authority under § 11.05(E)(8), the Hearing Officer may enter a finding of default within the findings, decision and order and impose liability against the defendant including the assessment of fines and administrative costs. A copy of the finding of default, which is a final determination, will be promptly served upon the defendant by first class mail, postage prepaid, addressed to the defendant at the defendant’s last known residence or place of business, to apprise the defendant of the procedure for setting aside the finding of default and to apprise the defendant of the opportunity to appeal the finding of default to the Lake County Circuit Court.
(B) Set aside of default. A written petition to set aside a finding of default may be filed by a person owing an unpaid fine or penalty assessed for a violation, and will be considered, in accordance with the following procedures.
(1) The petition must be filed with the Hearing Officer not later than 21 days from the date on which the finding of default was served, however, a defendant may file a petition to set aside the finding of default at any time if such defendant establishes that the city did not provide proper service of process.
(2) The Hearing Officer will render a decision on a timely filed set-aside petition after the date of receipt of the petition.
(3) The grounds for setting aside a finding of default are limited to the following:
(a) The person, against whom the finding of default is made, not being the owner or lessee of the cited vehicle or not being the owner, tenant or manager of the cited property on the date the violation notice was issued;
(b) The person having paid the fine or penalty prior to the finding of default for the violation in question;
(c) Excusable failure to appear at or request a new date for any hearing; and
(d) The defendant establishes that the city did not provide proper service of process.
(4) Should the finding of default be set aside, the Hearing Officer will notify the defendant by first class mail, postage prepaid, to the address set forth on the petition hereunder, and service thereof shall be complete on the date the notice is deposited in the United States mail; the notice will state that the finding of default has been set aside, as well as any administrative costs, and of the date, time, and place for a hearing on the merits of the violation for which the finding of default has been set aside. The Hearing Officer is authorized 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 finding of default. When a finding of default is vacated, the Hearing Officer will set a new date for a hearing on the underlying violation.
(Ord. 2008-11, passed 4-24-2008)