(A) When a hearing has been requested, the Code Enforcement Board or the city administrative staff shall schedule a hearing. Not less than seven days before the date set for the hearing, the Code Enforcement Board shall notify the person who requested the hearing of the date, time, and place of the hearing. The notice may be given by 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 notice.
(B) Any person 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 a determination by the Code Enforcement Board that a violation was committed shall be final. The Code Enforcement Board shall enter a final order determining the violation was committed and shall impose the civil fine set forth in the citation. A copy of the final order shall be served upon the person guilty of the violation by either 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 notice.
(C) All testimony shall be taken under oath and recorded. Testimony shall be taken from the Code Enforcement Officer, the alleged violator, and any witnesses to the violation offered by the Code Enforcement Officer or alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(D) 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, an order shall be issued upholding the citation and either imposing a fine up to the maximum authorized by this or other ordinance or requiring the offender to remedy a continuing violation, or both.
(E) Every final order of the Code Enforcement Board shall be reduced to writing, which shall 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 in accordance with the procedures set forth in division (A) above.
(Ord. 491-2008, passed 9-15-08; Am. Ord. 601-2020, passed 10-19-20)