(A) (1) A hearing shall be held relative to each order.
(2) The hearing shall be conducted by the Office of Code Enforcement, which body shall make any and all decisions pertaining to the matters being heard therein.
(B) (1) The hearing shall be held on a business day no earlier than ten calendar days after notice of the order is given.
(2) The Office of Code Enforcement may, however, take action at a hearing to continue the hearing relative to the order so that it will be held on a later business day.
(3) Unless the Office of Code Enforcement takes action to have the continued hearing held on a definite, specified date, notice of the hearing shall be given to the person to whom the order was issued at least five calendar days before the hearing date in the manner provided by § 151.20 of this chapter.
(C) (1) The person to whom the order was issued, or any person having a substantial property interest in the unsafe premises which are the subject of the order may appear in person or by counsel at the hearing.
(2) The person shall have the opportunity to present evidence, cross-examine opposing witnesses, and make argument.
(D) At the conclusion of any hearing at which a continuance is not granted, the Office of Code Enforcement may, irrespective of whether the person does or does not appear at the hearing, make findings and take action to either:
(1) Affirm the order;
(2) Rescind the order; or
(3) Modify the order, provided, however, that unless the person to whom the order was issued, or counsel for the person is present at the hearing, the Office of Code Enforcement shall have authority only to modify the order in a manner as to make its terms less stringent.
(E) (1) If a person to whom an order has been issued requests at a hearing a period of time to accomplish action beyond that time stated in the order, the Office of Code Enforcement may, as a condition for modifying the order to allow the additional time period, require that the person post a cash performance bond to be forfeited in the event that the ordered action is not completed within the additional time period allowed.
(2) The amount of the bond shall be equal to 30% of the value of the services and materials required to accomplish the ordered action.
(F) (1) The record of the findings made and action taken by the Office of Code Enforcement hearing shall be available to the public upon request.
(2) No provision in this chapter shall be construed to require affirmative action by the Office of Code Enforcement or the Director to give notice of the findings made and action taken by the Office of Code Enforcement at the hearing to the person to whom the order was issued, or any other person.
(Ord. 1980-5, passed 6-16-1980) Penalty, see § 10.99