(a) A person who denies committing a violation, shall be granted a hearing concerning the violation. The Board shall set a date for the hearing and notify the person, in writing, of the date, time and place of the hearing. Every effort shall be made to hold a hearing no later than three business days from the date of the written denial. The person for whom the hearing is being conducted may present any relevant evidence and testimony at the hearing.
(b) Once a hearing date has been scheduled, the local authority shall submit, to the Board, the original notice of violation that was personally served on the person, or a true copy of the notice of violation, and information that identifies the owner of the premises. The notice of violation and the information in proper form is prima-facie evidence that the registered owner of the property was the person who committed the violation. The local authority may present additional evidence and testimony at the hearing.
(c) If a person for whom a hearing is to be conducted under Section 181.05(b)(3) appears at the scheduled hearing or submits evidence in accordance with that subsection, the hearing examiner shall consider all evidence and testimony presented and shall determine whether the local authority has established, by a preponderance of the evidence, that the person committed the violation. If the hearing officer determines that the person committed the violation, the hearing officer shall enter an order indicating the duration of the offense, in days, and a determination as to the judgment against the person, and, further, ordering the person to pay the appropriate fine and any additional penalties, which order shall be entered in the records of the Board. The judgment entered under this section shall be entered in the records of the Board and may be filed with the Clerk of the Court of Common Pleas, as a judgment lien.
(d) If a person for whom a hearing is to be conducted under Section 181.05(b)(3) fails to appear at the scheduled hearing, the hearing officer shall, by a preponderance of the evidence, that the person committed the violation, the hearing officer shall enter an order against the person indicating the duration of the offense in days and require the person to pay the appropriate fine and any additional penalties, including the costs of abatement and assessments. The order entered under this section shall be entered in the records of the Board and may be filed with the Clerk of the Court of Common Pleas, or with the Summit County Fiscal Officer.
(e) If a person who is sent a notification of violation does not timely answer, as provided in Section 181.05, the hearing officer of the Board shall, if he determines by a preponderance of the evidence, that the person committed the violation, the hearing officer shall enter an order against the person indicating the duration of the offense in days, requiring the person to pay the appropriate fine and to pay any additional penalties, including the costs of abatements and assessments. An order entered under this section shall be entered in the records of the Board and shall be filed with the Clerk of the Court of Common Pleas, or with the Summit County Fiscal Officer.
(f) If the hearing officer does not determine, by a preponderance of the evidence, that the person committed the violation, the hearing officer shall dismiss the charge of the violation against the person, and shall enter the dismissal in the records of the Board. If the City moves to dismiss the violation based upon compliance, the hearing officer may dismiss the complaint at the violator's costs.
(Ord. 2022-208. Passed 3-9-23.)