§ 91.23 HEARING.
   (A)   If a person fails to comply with an order by the deadline established in the order, or a person has been issued a citation by the Department, a hearing must be held no earlier than ten days after notice of the order or citation is given. The hearing shall be conducted by the Enforcement Board.
   (B)   The person to whom the order and/or citation was issued, any person having a substantial property interest in the property that is the subject of the order, or any other person with an interest in the proceedings may appear in person or by counsel at the hearing. Each person appearing at the hearing is entitled to present evidence, cross-examine opposing witnesses and present arguments.
   (C)   At the conclusion of any hearing where a continuance is not granted, the Enforcement Board shall make findings and take action to:
      (1)   Affirm, rescind or modify the order; and
      (2)   Affirm, rescind and/or suspend the citation penalties for a period of time while an individual is taking action as instructed by the order.
   (D)   The record of the findings made and action taken by the Enforcement Board at the hearing shall be available to the public upon request. However, neither the Department, nor the Enforcement Board, is required to give any person notice of finding and action.
(2013 Code, Title V, Ch. 14, § 4) (Ord. 2007-8-27, passed 8-27-2007)