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A. When a building inspector finds a code violation while inspecting a structure, he shall note the violation on a multiple copy violation notice and report form, indicating the name and address of the structure owner, the type and nature of the violation, the date and time the violation was observed, the names of witnesses to the violation, and the address of the structure where the violation is observed.
B. The violation report form shall be forwarded by the building inspector to the code hearing department where a docket number shall be stamped on all copies of the report, and a hearing date noted in the blank spaces provided for that purpose on the form. The hearing date shall not be less than thirty (30) nor more than forty (40) days after the violation is reported by the building inspector.
C. One copy of the violation report form shall be maintained in the files of the code hearing department and shall be part of the record of hearing, one copy of the report form shall be returned to the building inspector so that he may prepare evidence of the code violation for presentation at the hearing on the date indicated, and one copy of the report form shall be served by first class mail on the owner of the structure, along with a summons commanding the owner to appear at the hearing. Service may be made on the owner by mailing the report and summons to the owner's address registered with the village. If service on the owner cannot be made by mail, service may be made on the owner by posting or nailing a copy of the violation report form on the front door of the structure where the violation is found, not less than twenty (20) days before the hearing is scheduled. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
At any time prior to the hearing date, the hearing officer assigned to hear the case may, at the request of the building inspector or the village attorney, or the owner or his attorney, issue subpoenas directing witnesses to appear and give testimony at the hearing. If, on the date set for hearing, the owner or his attorney fails to appear, the hearing officer may find the owner in default and shall proceed with the hearing and accept evidence relevant to the existence of a code violation. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
No continuances shall be authorized by the hearing officer in proceedings under this article except in cases where a continuance is absolutely necessary to protect the rights of the owner. Lack of preparation shall not be grounds for a continuance. Any continuance authorized by a hearing officer under this article shall not exceed twenty five (25) days. The case for the village may be presented by the building inspector, by any other municipal employee or by an attorney designated by the village. However, in no event shall the case for the village be presented by an employee of the code hearing department. The case for the dwelling owner may be presented by the owner, his attorney, or any other agent or representative. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
At the hearing, a hearing officer shall preside and shall hear testimony and accept any evidence relevant to the existence or nonexistence of a code violation in the structure indicated. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings authorized by this article. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
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