(A) When a hearing has been requested, the Code Enforcement Board shall schedule a hearing. The hearing shall be conducted at the next regularly prescribed time for the Board to meet or the subsequent meeting date.
(B) The person requesting a hearing shall be notified, at the address provided in the request for hearing, not less than seven days before the date set for the hearing of the hearing time, date and place.
(C) Notice may be given 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 18 years of age or older and who is informed of the contents of the notice.
(D) Any person requesting a hearing before the Code Enforcement 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 Board shall enter a final order determining that a violation was committed and imposing the civil fine set forth in the citation.
(E) All testimony shall be taken under oath. Formal rules of evidence do not apply, but fundamental due process shall be observed and shall govern the proceedings. The Board shall take testimony from the Code Enforcement Officer, the alleged offender, and any witnesses to the alleged violation offered by the Code Enforcement Officer or the alleged offender. The Board shall receive only relevant and material evidence. All evidence received shall be given such weight as the Board deems it is entitled after consideration of any objections that may be made. The Board shall receive such evidence that a reasonable mind might accept as adequate to support a conclusion.
(F) The hearing shall be recorded. A request for a copy of the recording of the hearing must be made in writing. The requesting party must pay a reasonable fee for the recording as determined by the City Clerk's Office. The Board has no obligation to preserve recordings beyond 30 days of the hearing date.
(G) The Code Enforcement Board shall, based on the evidence, determine whether a violation has occurred. If it is determined that no violation has occurred, an order dismissing the citation shall be entered. If it determines that a violation was committed, an order shall be issued upholding the citation imposing the appropriate fine and/or remedy for the violation.
(H) Every final order of the Code Enforcement Board shall be reduced to writing and include the date the order was issued. A copy 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 the violator at the address indicated in the request for a hearing by certified mail, return receipt requested, by personal delivery, or by leaving a copy of the order at that person's usual place of residence with any individual residing therein who is 18 years of age or older and who has been informed of the contents of the order.
(Ord. 2004-0005, passed 9-13-04)