Civil enforcement procedures shall be prosecuted by the city before the Council in the following manner.
(A) The city shall serve upon respondent by certified mail a complaint, signed by it, which shall set forth a clear and concise statement of the facts constituting the violation, set a time and place for hearing, and advise the respondent of his or her right to file an answer, to appear in person or by an attorney, and to examine and cross-examine witnesses.
(B) The hearing shall not be less than 20 days after service of the complaint. At any time prior to the hearing, the respondent may file an answer. Facts not denied by the answer shall be deemed admitted. If the answer sets out new matter, it shall be deemed denied by the city.
(C) The complaint or answer may be amended at any given time prior to the hearing with the consent of the opposing party.
(D) Hearings shall be before the Council.
(E) The city may obtain subpoenas from the District Court to compel the attendance of witnesses and the production of documents at any hearing.
(F) If, after hearing, the panel shall conclude that a violation has occurred, it shall prepare an order which may contain any provision deemed desirable to do justice to the complainant or to prevent further violations. It may include provisions which require the respondent to rent, sell, or lease particular housing to the complainant or to do any other thing as may be just. The panel’s findings of fact and order shall be served on the respondent and each member of the Council by mail, and shall become the findings and order of the city unless, within ten days after mailing of the findings and order, the city shall revoke or amend the order, but any order of a panel may be modified by the city at any time.
(Ord. 189, passed 9-12-1988)