(A) The Board shall conduct necessary hearings during its regular monthly meetings. Not less than seven days before the date set for the hearing in any particular case, the Department of Code Enforcement shall notify the person whose case will be heard of the date, time, and place of the hearing. The notice shall be given by regular first class mail sent to the person's address as set forth in the records in the office of the Madison County Property Valuation Administrator. Any person given notice of a hearing who shall fail to appear at the time and place set for the hearing shall be deemed to have waived the right to a hearing, and the determination that a violation was committed shall be final, and the alleged violator shall be deemed to have waived the right to appeal the Board's final order to the District Court.
(B) All testimony shall be under oath and shall be recorded. The Board shall take testimony from the code enforcement officers, the alleged offender, and any witnesses to the alleged violation offered by the code enforcement officer or the alleged offender. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(C) The Board shall determine, based on the evidence presented, whether a violation was committed. If the Board shall find that no violation was committed, an order dismissing the citation shall be entered. Should the Board determine that a violation has been committed, the Board shall issue an order so finding and may order the offender to do either or both of the following:
(1) Pay a civil fine in an amount up to the maximum authorized by the ordinance in question; or
(2) Remedy a continuing violation within a specified time to avoid the imposition of a fine.
(D) Every final order following a hearing of the Board shall be reduced to writing and shall include the findings and conclusions of the Board and the date the order was issued. A copy of the order shall be furnished to the person named in the citation by first class mail at the person's address as set forth in the records in the office of the Madison County Property Valuation Administrator, or such other address as the person shall have provided, if any.
(Ord. 18-11, passed 6-26-18)