(A) Presentation of county’s case. The case for the county may be presented by the Code Enforcement Officer or by the State’s Attorney. In no event, however, may the case for the county be presented by an employee of the Code Hearing Unit; provided, however, that documentary evidence, including the notice of violation, which has been prepared by another department or office of the county, may be presented at the hearing by the Hearing Officer.
(B) Presentation of the respondent’s case. The case for the respondent may be presented by the respondent or by the respondent’s attorney. If the respondent is a corporation, it may appear through any officer, director, manager or supervisor of the corporation. An attorney who appears on behalf of any respondent shall file with the Hearing Officer a written appearance on a form provided by the Code Hearing Unit for that purpose.
(C) Evidence at hearings.
(1) Hearing Officer. The Hearing Officer shall preside at the hearing, shall hear testimony and shall accept any evidence relevant to an alleged code violation.
(2) Testimony. All testimony shall be given under oath or affirmation.
(3) Liberal rules of evidence. The formal and technical rules of evidence shall not apply to the conduct of the hearing. Evidence, including hearsay, may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(4) Burden of proof. A code violation must be established by a preponderance of the evidence; provided, however, that the Enforcement Officer’s signed violation notice and report form, or a copy thereof, shall be prima facie evidence of the existence of the code violation described in the form.
(5) Record of hearing. The record of all hearings before a Hearing Officer shall include:
(a) All documents presented at the hearing;
(b) A copy of the notice of the violation or notice of the hearing; and
(c) A copy of the findings and decision of the Hearing Officer.
(6) Finding, decision and order. Upon the conclusion of the hearing, the Hearing Officer shall make a determination upon the basis of the evidence as to whether a code violation exists. The determination shall be in writing and shall be designated as the Hearing Officer’s “Findings, Decision and Order.” The findings, decision and order shall include:
(a) The Hearing Officer’s findings of fact;
(b) A determination of whether a code violation exists based upon the findings of fact;
(c) An order imposing a fine or other penalty, directing the respondent to correct the violation or other sanctions provided in the code for violations, including the imposition of fines and the recovery of other costs of the proceedings, if the violation is proved; or an order dismissing the case if the violation is not proved; and
(d) In the case of a finding that a violation exists, a statement advising the respondent of the right to seek judicial review of the Hearing Officer’s findings, decision and order.
(7) Service of findings, decision and order. A copy of the findings, decision and order shall be served by personal service or by any method provided for service of the violation notice and report form under division (C)(6)(b) above.
(1993 Code, § 39.10) (Ord. 98-17, passed 11-18-1998; Ord. 2000-04, passed 3-15-2000)