(A) When a hearing has been requested by an offender, the Code Enforcement Board shall schedule a hearing.
(B) Not less than seven days before the date of the hearing, the Code Enforcement Board shall notify the requester of the date, time, and place of the hearing. The notice may be given by regular first-class mail, certified mail, return receipt requested; by personal delivery; or by leaving the notice at the person's usual place of residence with any individual residing therein who is eighteen (18) years of age or older and who is informed of the contents of the notice. The Code Enforcement Board may also elect to provide notice of hearing to any lienholders with an interest in the subject premises.
(C) Any person requesting a hearing before the Code Enforcement Board who fails to appear at the time and place set for the hearing shall be deemed to have waived the right to a hearing to contest the citation and the determination that a violation was committed shall be final. In this event, the citation, as issued, shall be deemed. A final order determining the violation was committed and shall impose the civil fine set forth in the citation, and the offender shall be deemed to have waived the right to appeal the final order to District Court. Notice of the final order shall be provided to the offender in the manner prescribed in division (F) of this section.
(D) All testimony shall be taken under oath and recorded. Testimony shall be taken from the Code Enforcement Officer, the offender, and any witnesses to the violation offered by the Code Enforcement Officer or offender. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(E) The Code Enforcement Board shall, based on the evidence, determine whether a violation was committed. If it determines that no violation was committed, an order dismissing the citation shall be entered. If it determines that a violation was committed, the Board may issue an order upholding the citation and may order the offender to do either or both of the following: pay a civil fine in an amount up to the maximum authorized by the ordinance or remedy a continuing violation within a specified time to avoid the imposition of a fine, as authorized by ordinance.
(F) Every final order of the Code Enforcement Board following a hearing shall be reduced to writing, which shall include the findings and conclusions of the Board and the date the order was issued. A copy shall be furnished to the person named in the citation. If the offender named in the citation is not present when the final order is issued, the order shall be delivered to that person by regular first-class mail, certified mail, return receipt requested; by personal delivery; or by leaving the notice at the person's usual place of residence with any individual residing therein who is 18 years of age or older and who is informed of the contents of the order.
(Ord. 2004-1361, passed 10-28-04; Am. Ord. 2016-1715, passed 11-10-16)