§ 39.09 HEARING, NOTICE, AND FINAL ORDER.
   (A)   When a hearing has been requested, the Board shall schedule a hearing. The board shall conduct the hearing. In addition, any board member, including the chairman, may be assigned to conduct the hearing on behalf of the board. The code enforcement officer shall notify the alleged violator of the date, time, and place of the hearing at least seven (7) calendar days prior to the date of the hearing. Notice may be given by certified mail, return receipt requested, personal delivery, or by leaving the notice at the person’s usual place of residence with any individual residing there who is eighteen (18) years of age or older and who is informed of the contents of the notice.
   (B)   Any alleged violator failing to appear at a requested hearing before the Board 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 of the Board that a violation was committed shall be final. The Board shall enter a final order determining that the violation was committed and shall impose the civil fine set forth in the citation plus costs as set forth below and shall serve the order upon the violator as set forth in subsection (A) of this section.
   (C)   All testimony shall be taken under oath and shall be recorded. The board shall take testimony from the Code Enforcement Officer and the alleged violator and any witnesses they wish to present. The Board may within the bounds of due process limit the number of witnesses or the length of testimony. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
   (D) After the board conducts the hearing, the board shall, based on the evidence, determine whether a violation was committed. If the board determines that no violation was committed, an order dismissing the citation shall be entered. If the board determines that a violation was committed, the board shall issue an order upholding the citation and either imposing a fine up to the maximum authorized by this or another ordinance, or requiring the offender to remedy a continuing violation within a specified time, or both.
   (E)   All orders of the 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 the person’s usual place of residence with any individual residing therein who is eighteen (18) years of age or older and who is informed of the contents of the order.
   (F)   Each case before the Code Enforcement and Nuisance Board shall be presented by an attorney selected by the City or by a Code Enforcement Officer for the City. The City Attorney may either be counsel to the board or may present cases before the board, but in no case serve in both capacities.
(Ord. 2005-12, passed 8-8-05; Am. Ord. 2013-002, passed 2-11-13)