(A) When a hearing has been requested, the Code Enforcement Board shall schedule a hearing. The hearing shall be conducted within 60 days of the receipt of the request for the hearing.
(B) The person requesting the hearing shall be notified, not less than seven days before the date set for the hearing, of the time, date and place of such hearing.
(C) Failure to appear at the hearing may result in a default against the person requesting the hearing.
(D) All testimony shall be taken under oath. Formal rules of evidence do not apply. The Code Enforcement Board shall receive only relevant and material evidence. All evidence received shall be given such weight as the Code Enforcement Board deems it is entitled after consideration of any objections that may be made. The Code Enforcement Board shall receive such evidence that a reasonable mind might accept as adequate to support a conclusion.
(E) The hearing shall be recorded. A request for a copy of the recording of the hearing must be made in writing. The requesting party must pay a reasonable fee for the recording as determined by the City Administrator’s office. The Board has no obligation to preserve the recordings beyond 30 days of the hearing date.
(F) The Code Enforcement Board shall, based on the evidence, determine whether a violation has occurred. If it is determined that no violation has occurred, an order dismissing the citation shall be entered. If it determines that a violation was committed, an order shall be issued upholding the citation imposing the appropriate fine and/or remedy for the violation.
(G) Every final order for the Code Enforcement Board shall be reduced to writing and include the date the order was issued. A copy shall be furnished to the person named in the citation. If the person named in the citation is not present when the final order is issued, the order shall be delivered to the violator at the address indicated in the request for a hearing.
(Ord. 681, passed 5-12-2009)