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Any member of the Board who has any direct or indirect financial or personal interest in any matter to be decided by the Board shall disclose the nature of the interest on the record of the Board’s proceedings and shall abstain from voting on that matter. Any member who has announced a conflict with respect to any matter shall not be counted for purposes of establishing a quorum during the time the Board takes the matter under consideration.
(Ord. 6-16-97-1996-97, passed 7-21-97)
The Board shall conduct its meetings in accordance with the following order of business. The order of business at any meeting may be varied, if there is no objection from any member of the Board. In the event of an objection, the order of business may be varied upon the agreement of a majority of the members constituting a quorum.
(A) Roll call
(B) Approval of minutes of previous meeting
(C) Reports
(D) Public hearings
(1) Unfinished hearings
(2) New hearings
(E) Unfinished business other than hearings
(F) New business other than hearings
(G) Announcements
(H) Adjournment
(Ord. 6-16-97-1996-97, passed 7-21-97)
(A) All actions before the Board shall be initiated by the filing of a Request for a Hearing by a person who has been cited for a violation of any ordinance enforceable by the Board.
(B) The Board’s secretary shall assign a case number and shall set the case for a hearing at a subsequent meeting of the Board to be held within 30 days of the date the Request for a Hearing is received.
(C) After the case is set for a hearing, the secretary shall be responsible for sending hearing notifications to the person who requested the hearing, to necessary code enforcement personnel, to the Board’s legal advisor, to board members, and to any additional person(s) as directed by the chairman.
(D) After the case is set for hearing, the secretary shall be empowered to issue subpoenas as requested by the Code Enforcement Officer and the alleged violator. Subpoenas shall be sent to the Citation Officer for service.
(Ord. 6-16-97-1996-97, passed 7-21-97)
The following procedures will be observed in all hearings before the Board:
(A) The secretary shall read the Statement of Violation (Citation) and Request for Hearing.
(B) The respondent shall be asked if he/she wishes to contest the citation.
(C) All witnesses shall be sworn in by the chairman.
(D) The city shall present its case and respondent shall present his/her case. Both sides will have an opportunity to cross-examine witnesses presented by the other party.
(E) The Board may question any witness or call any witness as determined necessary.
(F) If legal counsel are present, they shall be permitted to present brief opening statements and closing arguments.
(G) The Board may, at its discretion, at any time during the hearing, adjourn the hearing for a period not to exceed 14 days and request further information from either party.
(H) If a hearing is adjourned, at the time the hearing is reconvened only those board members who have been present from the beginning of the hearing may participate in the deliberations and decision- making process.
(I) Upon completion of all testimony and evidence, the chairman shall close the hearing.
(J) The Board may only consider that evidence which is presented at the hearing.
(K) The Board shall immediately deliberate in open, public session.
(L) The Board shall orally issue its findings of fact, conclusions of law and order which must be approved by at least a majority of the members constituting a quorum. The order shall state the relief granted by the Board, including the amount of any civil fine or other penalty imposed. The order shall be reduced to writing, including the date the order was issued, shall be provided to the respondent at the hearing, or mailed to the respondent within five working days after the hearing.
(Ord. 6-16-97-1996-97, passed 7-21-97)
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