(A) Declaration of purpose. The City Council finds that there is a need to establish uniform procedures for administrative code enforcement hearings conducted pursuant to this code. It is the purpose and intent of the City Council to afford due process of law to any person who is directly affected by an administrative action. Due process of law includes notice, an opportunity to participate in the administrative hearing, and an explanation of the reasons justifying the administrative action. These procedures are also intended to establish a forum to efficiently, expeditiously and fairly resolve issues raised in any administrative code enforcement action.
(B) Authority and scope of hearings.
(1) Enforcement of city code violations may be conducted through the alternative hearing and enforcement program (AHAEP), presided over by the Administrative Hearing Officer.
(2) The Administrative Hearing Officer shall develop policies and procedures to regulate the hearing process for any violation of this code and applicable state codes that are handled pursuant to the administrative abatement procedures, the emergency abatement procedures, the demolition procedures or the administrative citation procedures.
(C) Request for hearing under AHAEP.
(1) A person served with one of the following documents or notices has the right to request an administrative code enforcement hearing, if the request is filed within ten calendar days from the date of service of one of the following notices:
(a) Notice of violation;
(b) Notice of itemized bill for costs;
(c) Administrative citation; or
(d) Notice of emergency abatement.
(2) The request for hearing shall be made in writing and filed with the Administrative Hearing Officer. The request shall contain the case number, the address of the violation and the signature of the responsible party.
(3) As soon as practicable after receiving the written notice of the request for hearing, the Administrative Hearing Officer shall schedule a date, time and place for the hearing.
(4) Failure to request a hearing as provided shall constitute a waiver of the right to a hearing and a waiver of the right to challenge the action.
(D) Default hearings and orders.
(1) If the responsible person fails to request a hearing before the expiration of the ten-day deadline, the case shall be set for a default hearing. The Administrative Hearing Officer shall schedule a default hearing. The responsible person shall be notified of the date, time and place of the hearing by one of the methods listed in § § 11.12(A).
(2) A default hearing shall be scheduled for all cases that have outstanding or unpaid civil penalties, fines, fees and/or costs due to the city before collection, if a hearing on that case has not already been held.
(3) At the default hearing, the responsible person shall have the opportunity to present evidence to show that “good cause” exists, as defined in § 11.10, to do one or more of the following:
(a) Waive or reduce the fines which have accumulated;
(b) Postpone an abatement action by the city; or
(c) Excuse the responsible person’s failure to request a hearing within the ten-day period.
(4) (a) If the responsible person fails to establish good cause to take one or more of the actions set forth in division (D)(3) above, the Administrative Hearing Officer shall review the notice of violation and any other relevant information included in the case file. The Administrative Hearing Officer shall not accept any other evidence.
(b) If the evidence shows that the violations existed, the Administrative Hearing Officer shall enter an order requiring abatement of the violations, and the payment of all fines and fees.
(c) Fines shall run until the city issues a notice of compliance stating when the violations were actually abated.
(E) Notification of hearing under AHAEP.
(1) Written notice of the day, time and place of the hearing shall be served to a responsible person as soon as practicable prior to the date of the hearing.
(2) The format and contents of the hearing notice shall be in accordance with rules and policies promulgated by the Administrative Hearing Officer.
(3) The notice of hearing shall be served by any of the methods of service listed in § 11.12(A).
(F) Disqualification of Administrative Hearing Officer. The Administrative Hearing Officer is subject to disqualification for bias, prejudice, interest or any other reason for which a judge may be disqualified in a court of law. Rules and procedures for disqualification and replacement shall be promulgated by the Administrative Hearing Officer.
(G) Powers of Administrative Hearing Officer.
(1) The Administrative Hearing Officer has the authority to hold hearings, determine if violations of city ordinances exist, order compliance with city ordinances, and enforce compliance as provided in this chapter on any matter subject to the provisions of this chapter or city code as otherwise authorized in § 11.10.
(2) The Administrative Hearing Officer may continue a hearing based on good cause shown by one of the parties to the hearing. The Administrative Hearing Officer must enter on the record the good cause on which a continuance is granted.
(3) The Administrative Hearing Officer, at the request of any party to the hearing, may sign subpoenas for witnesses, documents and other evidence where the attendance of the witness for the admission of evidence is deemed necessary to decide the issues at the hearing. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena. The Administrative Hearing Officer shall develop policies and procedures relating to the issuance of subpoenas in administrative code enforcement hearings, including the form of the subpoena and related costs.
(4) The Administrative Hearing Officer has continuing jurisdiction over the subject matter of an administrative code enforcement hearing for the purposes of granting a continuance; ordering compliance by issuing an administrative code enforcement order using any remedies available under the law; ensuring compliance of that order, which includes the right to authorize the city to enter and abate a violation; modifying an administrative code enforcement order; or, where extraordinary circumstances exist, granting a new hearing.
(5) The Administrative Hearing Officer has the authority to require a responsible person to post a code enforcement performance bond to ensure compliance with an administrative code enforcement order.
(H) Procedures at hearing under AHAEP.
(1) Administrative code enforcement hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply; however, an informal exchange of discovery may be required. The request must be in writing. Failure to request discovery shall not be a basis for a continuance. Complainant information is protected and shall not be released unless the complainant is a witness at the hearing. The procedure and format of the administrative hearing shall follow the procedures promulgated by the Administrative Hearing Officer.
(2) The city bears the burden of proof at an administrative code enforcement hearing to establish the existence of a violation of this code or applicable state codes.
(3) The standard of proof to be used by the Administrative Hearing Officer in deciding the issues at an administrative hearing is whether the preponderance of the evidence shows that the violations exist.
(4) Each party shall have the opportunity to cross examine witnesses and present evidence in support of his or her case. A written declaration signed under penalty of perjury may be accepted in lieu of a personal appearance. Testimony may be given by telephone or other electronic means.
(5) All hearings are open to the public. They shall be recorded by audio tape. Hearings may be held at the location of the violation.
(6) The responsible person has a right to be represented by an attorney. If an attorney will be representing the responsible person at the hearing, notice of the attorney’s name, address and telephone number must be given to the city at least one day prior to the hearing. If notice is not given, the hearing may be continued at the city’s request, and all costs of the continuance assessed to the responsible person.
(7) No new hearing shall be granted, unless the Administrative Hearing Officer determines that extraordinary circumstances exist which justify a new hearing.
(I) Failure to attend hearing under AHAEP. Any party whose property or actions are the subject of any administrative code enforcement hearing and who fails to appear at the hearing is deemed to waive the right to a hearing, and will result in a default judgment for the city; provided, that proper notice of the hearing has been provided.
(J) Administrative code enforcement order.
(1) The parties may enter into a stipulated agreement, which must be signed by both parties. This agreement shall be entered as the administrative code enforcement order. Entry of this agreement shall constitute a waiver of the right to a hearing and the right to appeal.
(2) Once all evidence and testimony are completed, the Administrative Hearing Officer shall issue an administrative code enforcement order that affirms, modifies or rejects the notice or citation. The Administrative Hearing Officer may increase or decrease the total amount of civil penalties and costs that are due pursuant to the city fee schedule and the procedures in this chapter.
(3) The Administrative Hearing Officer may order the city to enter the property and abate all violations, which may include removing animals kept in violation of this code.
(4) The Administrative Hearing Officer may revoke a kennel permit, an animal license or the right to possess animals as provided in this code.
(5) As part of the administrative code enforcement order, the Administrative Hearing Officer may condition the total or partial assessment of civil penalties on the responsible person’s ability to complete compliance by specified deadlines.
(6) The Administrative Hearing Officer may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the administrative code enforcement order.
(7) The Administrative Hearing Officer may order the responsible person to post a performance bond to ensure compliance with the order.
(8) The administrative code enforcement order shall become final on the date of the signing of the order.
(9) The administrative code enforcement order shall be served on all parties by any one of the methods listed in § 11.12(A).
(K) Failure to comply with order.
(1) Upon the failure of the responsible person to comply with the terms and deadlines set forth in the administrative code enforcement order, the city may use all appropriate legal means to recover the civil penalties and administrative costs to obtain compliance.
(2) After the Administrative Hearing Officer issues an administrative code enforcement order, the Administrative Hearing Officer shall monitor the violations and determine compliance.
(Prior Code, § 1-4A-2-5)