The system of administrative adjudication of code violations shall provide for a hearing system Code Compliance Administrator, Hearing Officer, Computer Operator/System Coordinator and hearing room personnel with the power, authority and limitations as are hereinafter set forth.
(A) The Code Compliance Administrator shall be empowered and is hereby authorized and directed to:
(1) Operate and manage the system of administrative adjudication of code violations;
(2) Adopt, distribute and process code violation notices and other notices as may be required under this subchapter as may be reasonably required to carry out the purposes of this subchapter;
(3) Collect money paid as fines or penalties and costs assessed after a final determination of violations liability;
(4) Conduct hearings as a Hearing Officer; provided, he or she is properly certified with the same power and authority as is hereinafter set forth, during the absence of the appointed Hearing Officer;
(5) Certify copies of final determination(s) of Building Code violation(s) liability and factual reports verifying that the final determination of code violation liability was issued in accordance with this chapter;
(6) Promulgate rules and regulations reasonably required to operate and maintain the administrative adjudication of code violation system hereby created; and
(7) Collect unpaid fines and penalties by filing complaints in the Circuit Court or selecting or appointing an individual or agency to act on behalf of the city in filing complaints seeking judgments for unpaid fines or penalties and pursuits of all post-judgment remedies available by current law.
(B) A Hearing Officer is a municipal employee or an officer or agent of a municipality, other than a Director of Building and Housing or law enforcement officer, whose duty it is to:
(1) Preside at an administrative hearing called to determine whether or not a code violation exists;
(2) Hear testimony and accept evidence from the Code Inspector, the building owner and all interested parties relevant to the existence of a code violation;
(3) Preserve and authenticate the transcript and record of the hearing and all exhibits and evidence introduced at the hearing;
(4) Issue and sign a written finding, decision and order stating whether a code violation exists;
(5) Issue subpoenas to secure the attendance of witnesses and production of relevant papers or documentation;
(6) Assess fines, penalties and costs; and
(7) Make a final determination of code violation liability.
(C) The Computer Data Operator/System Coordinator is hereby authorized and directed to operate and maintain the computer program(s) for the administrative adjudication system hereby created, on a day-to-day basis, including, but not limited to:
(1) Input of violation notice information;
(2) Hearing date(s) and notice dates;
(3) Fine and penalty assessments and payment(s);
(4) Issue payment receipts;
(5) Issue succeeding notices of hearing dates, final determination of liability as directed by the hearing system Compliance Administrator in accordance with the provisions hereinafter set forth; and
(6) Keep accurate records of appearances and non-appearances at administrative hearings, pleas entered, fines and penalties assessed and paid.
(D) (1) Hearing room personnel are hereby authorized and directed to:
(a) Maintain hearing room decorum;
(b) Have and execute authority as is granted to courtroom deputies of the Circuit Court; and
(c) Perform such other duties or acts as may reasonably be required and as directed by the Hearing Officer or hearing system Code Compliance Administrator.
(2) The position is limited to off-duty, full-time, part-time or auxiliary police officers.
(E) The Mayor is hereby authorized to appoint persons to hold the positions above set forth. One person may hold and fulfill the requirements of one or more of the above stated positions.
(F) The pay for each of the above stated positions shall be as recommended by the Mayor, determined by the City Council and as contained in the annual appropriation ordinance.
(Prior Code, § 40.03) (Ord. 02-O-1737, passed 9-4-2002)