(A) Eligibility. The Board shall appoint, from a list submitted by the City Manager, an individual and an alternate to be a Hearing Officer as long as the individual does not hold any elected or appointed office or position of employment with either city. Such appointment shall not constitute the individual being considered a member of the Board and shall act only in the capacity of a Hearing Officer.
(B) Experience and training.
(1) A person appointed as Hearing Officer by the Board shall have experience or shall have received training in the code enforcement process and basic procedural due process. At a minimum, the experience or training shall include acquired knowledge regarding a party’s fundamental due process right to:
(a) Be accompanied and advised by counsel at the hearing;
(b) Present evidence and witnesses on his or her behalf at the hearing;
(c) Examine the evidence opposing the party; and
(d) Confront and cross-examine the witnesses opposing the party.
(2) The Board may establish additional standards in writing, including but not limited to, examples of qualifying experience and training, and minimum amounts of experience or training required.
(3) Before appointing a person as a Hearing Officer, the Board shall require the person to submit a written, signed affidavit describing and verifying the experience or training received. The affidavit shall be provided on a form prescribed by the Board.
(4) The Board shall determine whether the affidavit satisfies the experience or training requirements as set forth in this subsection and any additional standards established in writing by the Board. The Board shall not appoint a person as a Hearing Officer unless it has determined that the affidavit satisfies the experience or training requirements.
(C) Term. The Hearing Officer shall be appointed for a term of three (3) years or until appointment of a successor. If the appointed Hearing Officer is a current member of the Board, then his/her term as Hearing Officer shall be until such time as his/her appointed term expires.
(D) Compensation. If the Hearing Officer is not a member of the Board he/she shall receive $100 per meeting in which hearings are held.
(E) Hearing powers and procedures.
(1) The Hearing Officer may administer oaths to witnesses prior to their testimony and subpoena alleged violators, witnesses, and evidence.
(2) Any hearing conducted by the Hearing Officer shall conform to the procedural requirements herein.
(F) Final order.
(1) Following a hearing, the Hearing Officer shall make written findings of facts and conclusions of law, and enter a final order in accordance herewith.
(2) Within 24 hours of entry, the findings, conclusions, and final order shall be forwarded to the alleged violator, and to the Board. The findings, conclusions, and final order may be delivered to the alleged violator by regular first-class mail; certified mail, return receipt requested; 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 delivery.
(G) Appeal from final order. An alleged violator may appeal any final order issued by a Hearing Officer directly to the Campbell District Court within the time frame as provided for herein.
(Ord. O-2016-019, passed 9-26-2016)