31.21(A) Pre-hearing procedures.
31.21(A)(1) A time and date for the
hearing shall be set, and notice to the alleged
and the
of the same shall be provided. The
may file a written reply to the charges contained in the notice of violation, which shall be known as the response. The response must contain the address of the violation, and the alleged
’s relationship to the property (for example, owner, tenant, and the like).
31.21(A)(2) If the violation is not corrected by the time specified for correction by the
, the case may be presented to the
, even if the violation has been corrected prior to the
hearing, and the notice shall so state.
31.21(B) Hearing procedures.
31.21(B)(1) At the time and place set for the hearing, the
shall hear and consider all testimony offered, and shall examine and consider all the evidence presented. After determining that there is a legally sufficient case to be presented, the
shall present each case before the
. After the conclusion of the hearing, the
shall issue findings of fact and conclusions of law, in a written order, affording the proper relief consistent with the powers granted herein. Such order may command a
to take whatever steps are necessary to bring a violation into compliance by the time announced at the hearing and subsequently placed in the order. The findings, conclusions and order of the
shall be announced orally at the
hearing, and shall be reduced to writing and mailed to the
.
31.21(B)(2) No
shall act in any case in which that
has a conflict of interest. If the
has a conflict of interest with any case, he or she shall orally announce such at the scheduled hearing. However if the
is aware of such conflict prior to the hearing, he or she shall notify the
Clerk, and that case shall be rescheduled for a hearing before another
.
31.21(B)(3) All hearings of the
shall be open to the public, and any
whose interests may be affected by the matter before the
shall be given an opportunity to be heard. The record of all hearings, agendas, findings, determinations and final orders shall be maintained by the
Clerk.
31.21(B)(4) Hearings shall be informal and need not be conducted according to technical rules relating to evidence and witnesses. Fundamental due process shall be observed and shall govern all hearings.
31.21(B)(5) All relevant evidence shall be admitted if, in the opinion of the
, it is the type of evidence upon which reasonable and responsible
would normally rely in the conduct of business affairs, regardless of the existence of any common law or statutory rule which might make such evidence inadmissible over objections in a civil action. The
may exclude irrelevant or unduly repetitious evidence.
31.21(B)(6) Hearsay evidence may be accepted for the purpose of supplementing or explaining any direct evidence, but such hearsay evidence shall not in and of itself be considered sufficient to support a finding or decision, unless the evidence would be admissible over objections in a civil action.
31.21(B)(7) Each party to the hearing shall have the right to call and examine witnesses, introduce exhibits, cross-examine opposing witnesses, impeach witnesses and rebut evidence.
31.21(B)(8) The alleged
has the right, at his or her own expense, to be represented by an attorney at any
hearing.
31.21(B)(9) All testimony before the
shall be under oath and shall be recorded. The alleged
or the
may cause the proceedings to be recorded by a certified court reporter or by a certified recording instrument.
31.21(B)(10) The burden of proof shall be with the
to show, by the greater weight of evidence, that a code violation exists and that the alleged
committed, or was responsible for maintaining, the violation.
31.21(B)(11) If written notice of the hearing has been provided to an alleged
, a hearing may be conducted and an order rendered in the absence of the
.
31.21(B)(12) The
may, for good cause shown, postpone or continue a hearing.
31.21(B)(13) Reports of decisions. Subsequent to a public hearing, the
shall make a written report, a final order of his or her decision, in accord with the rules and procedures set forth herein, and shall provide a copy of the final order to all parties of record and appropriate
staff.
31.21(B)(14) Records. The
shall record all proceedings. At a minimum, a summary of the testimony taken at such proceeding shall be provided in the final order, or as an appendix thereto.
31.21(C) Subpoena powers. The
, the , the
Prosecutor and the alleged
may request that witnesses and records, including surveys, plats and other materials, be subpoenaed to any formal hearings. Subpoenas may be served by
of the Police Department of the , police aides or other such persons authorized to deliver subpoenas. The shall provide the Clerk with sufficient signed and blank witness and document subpoenas to be provided to alleged
and the
for the purpose of having witnesses and records subpoenaed. For each subpoena served, the
shall pay to the a fee that shall be set by resolution of the .
31.21(D) Calling of emergency
hearings. The may call an emergency hearing. Written notice of any emergency hearing shall be given to an alleged
, if circumstances permit, at least one day in advance of such hearing. The may, at any hearing, set a future hearing date.
(Ord. 2010-10, passed 10-4-2010)