(A) When a hearing is requested, the Joint Board or the City Clerk shall place the hearing on the Joint Board’s next regularly scheduled meeting agenda, so long as it is more than seven (7) days from the date the request for hearing is received, or the Joint Board or the City Clerk shall schedule a special meeting. The Joint Board may conduct the hearing, or may assign a hearing officer to conduct the hearing. In addition, any Board member, including the chairperson, may be assigned to conduct the hearing on behalf of the Joint Board.
(B) Not less than seven (7) days before the date of the hearing, the Joint Board or the City Clerk shall notify the requester of the date, time and place of the hearing. The notice may be given by regular first-class mail; 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 eighteen (18) years of age or older and who is informed of the contents of the notice. The party may also provide notice of the hearing to any lienholders with an interest in the subject premises.
(C) Any person requesting a hearing before the Joint Board 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 the determination that a violation was committed shall be final. In this event, the citation, as issued, shall be deemed a final order determining that the violation was committed and imposing the civil fine set forth in the citation, and the alleged violator shall be deemed to have waived the right to appeal the final order to District Court. Notice of the final order shall be provided to the cited violator in accordance with division (G) of this section.
(D) Each case before the Joint Board shall be presented by the Code Enforcement Officer that issued the citation, or by a member of the administrative staff of a party or by an attorney-at-law. An attorney may either be counsel to the Joint Board or may represent the party by presenting cases at the hearing, but shall not serve in both capacities.
(E) All testimony shall be taken under oath and recorded. The Joint Board or assigned hearing officer shall take testimony from the Code Enforcement Officer, the alleged violator, and any witnesses to the violation offered by the Code Enforcement Officer or by the alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(F) If a hearing officer is assigned to conduct the hearing, the hearing officer shall make written recommendations for consideration by the Joint Board. If the Joint Board conducts the hearing, or upon receipt of recommendations of a hearing officer assigned to conduct the hearing, the Joint Board shall determine, based upon the evidence presented, whether a violation was committed. If the Joint Board determines that no violation was committed, an order dismissing the citation shall be entered. If the Joint Board determines that a violation has been committed, the Joint Board shall issue an order upholding the citation and either imposing a fine up to the maximum as authorized by ordinance, or requiring the offender to remedy a continuing violation within a specified time, or both.
(G) Every final order of the Joint Board shall be reduced to writing, which shall include the findings of fact and conclusions of the Joint Board and the date the order was issued. A copy of the order 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 to that person by regular first-class mail; certified mail, return receipt requested; by personal delivery; or by leaving a copy of the order at the person’s usual place of residence with any individual residing therein who is eighteen (18) years of age or older and who is informed of the contents of the order.
(Ord. 2017-17, passed 12-12-17)