A. Declaration Of Purpose: The Summit County council finds that there is a need to establish uniform procedures for administrative code enforcement hearings conducted pursuant to this code. It is the purpose and intent of the county council that any responsible person be afforded due process of law during the enforcement process. Due process of law includes notice, an opportunity to request and participate in the hearing and an explanation of the reasons justifying the administrative action. These procedures are also intended to establish a forum to efficiently, expeditiously and fairly resolve issues raised in any administrative code enforcement action while providing due process.
B. Authority And Scope Of Hearings: The administrative law judge shall approve a policy to regulate the hearing process for any violation of this code, the adopted rules and regulations of special service districts within the county, and applicable state statutes that are handled pursuant to this chapter.
C. Request For Administrative Code Enforcement Hearing:
1. A responsible person served with one of the following documents or notices has the right to request an administrative code enforcement hearing if the hearing request is filed within ten (10) calendar days from the date of service of one of the following notices:
a. Notice of violation.
b. Administrative citation.
2. The request for a hearing shall be made in writing and filed with the administrative law judge. The request shall contain the complaint file number, the address of the violation, and the signature of the responsible person.
3. As soon as practicable after receiving the written request for a hearing, the administrative law judge shall schedule an official date, time, and place for the hearing. The administrative law judge shall notify the responsible person, enforcement official and any other applicable parties of the date, time and place of the hearing by any of the methods listed in section 1-13-3-1 of this chapter at least seven (7) calendar days prior to the date of the hearing.
4. Failure to request a hearing within ten (10) calendar days from the date of service of any of the notices in subsection C1 of this section shall constitute a waiver of the right to a hearing.
5. If a responsible person fails to request a hearing after being issued a notice of violation or administrative citation as provided herein, such failure to request a hearing shall be considered a waiver by the responsible person of their right to said hearing and the following actions may be taken:
a. The corrective action detailed on the notice of violation or administrative citation may be considered an administrative code enforcement order pursuant to subsection D of this section; or
b. A default may be entered against the responsible person and the county, or special service district within the county, may seek to have an administrative code enforcement order issued by the administrative law judge without further notice to the responsible person; or
c. The enforcement official may request a default hearing before the administrative law judge.
6. An emergency hearing may be requested by the enforcement official or responsible person during special events and on occasions that time is of particular essence and it is necessary to hold a hearing as soon as possible in order to address the concern or hold the responsible person accountable. Emergency hearings shall be held as soon as practicable upon receipt of an emergency hearing request. A request for such a hearing must specifically state why an emergency hearing is required.
D. Default Hearings:
1. A default hearing may be requested by the enforcement official at any time in the enforcement process. If a default hearing is requested by the enforcement official, the administrative law judge shall schedule the default hearing as soon as practicable and shall notify the responsible person, enforcement official and any other applicable parties of the date, time and place of the hearing by any of the methods listed in section 1-13-3-1 of this chapter at least seven (7) calendar days prior to the date of the hearing.
2. A default hearing may be scheduled for any case that has outstanding or unpaid civil fees or costs due to the county or special service district, outstanding violation(s), or in the event that the enforcement official has any outstanding concerns.
3. At the default hearing, the responsible person shall have the opportunity to present evidence to show that good cause exists to do one or more of the following:
a. Waive or reduce the civil fees which have accumulated; or
b. Excuse the responsible person's failure to request a hearing within the ten (10) calendar day period.
4. If the responsible person fails to establish good cause to take one or more of the actions set forth in subsection D3 of this section, the administrative law judge shall review the notice of violation or administrative citation and any other relevant information included in the case file. The administrative law judge shall not accept any other evidence. If the evidence shows that the violations existed, the administrative law judge shall enter an administrative code enforcement order requiring abatement of the violations, the payment of all fees and any additional action. Civil fees shall run with respect to a notice of violation until the county or special service district issues a notice of compliance stating when the violations were actually abated.
E. Procedures At Administrative Code Enforcement Hearing:
1. Administrative code enforcement hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply; however, an informal exchange of discovery may be required. The request must be in writing. Failure to request discovery shall not be a basis for a continuance. Complainant information is protected and shall not be required to be disclosed or released unless the complainant is a witness at the hearing. The policy and format of the hearing shall be approved by the administrative law judge.
2. The county or special service district bears the burden of proof at an administrative code enforcement hearing to establish the existence of a violation of this code, the adopted rules and regulations of special service districts within the county, or applicable state statutes.
3. The standard of proof to be used by the administrative law judge in deciding the issues at an administrative code enforcement hearing, unless specified otherwise in this code, the adopted rules and regulations of special service districts within the county, or applicable state statutes is whether a preponderance of the evidence shows that the violation exists or existed.
4. Each party shall have the opportunity to cross examine witnesses and present evidence in support of his or her case. A written declaration signed under penalty of perjury may be accepted in lieu of a personal appearance. Testimony may be given by telephone or other electronic means.
5. All hearings shall be open to the public and shall be recorded. At the discretion of the administrative law judge, hearings may be held at the location of the violation.
6. The responsible person has a right to be represented by an attorney. If an attorney will be representing the responsible person at the hearing, written notice of the attorney's name, address, and telephone number must be given to the county or special service district at least two (2) calendar days prior to the hearing. If such notice is not given, the hearing may be continued at the county's or special service district’s request, and all costs of the continuance shall be assessed to the responsible person.
7. No new hearing shall be granted unless the administrative law judge determines that extraordinary circumstances exist which justify a new hearing.
8. The burden to prove any raised defense shall be upon the party raising any such defense.
9. After all applicable evidence, testimony and defense is presented, the enforcement official may present a request on behalf of the county or special service district regarding the type of fee or enforcement action that is appropriate, should the responsible person be found guilty of the violation. This request may include, but is not limited to, civil fees, restitution, community service, abatement, cost recovery, revocation, suspension or conditioning of a business license and any other fees incurred by the county or special service district during the enforcement process.
F. Failure To Attend Administrative Code Enforcement Hearing: A responsible person who fails to appear at the administrative code enforcement hearing is deemed to waive the right to such hearing, and will result in a default judgment for the county or special service district, provided that proper notice of the hearing has been provided. (Ord. 809, 7-17-2013; amd. Ord. 910, 8-5-2020)