(A) When a hearing is requested, the City Clerk shall schedule a hearing. Not less than seven days before the date set for the hearing, the Code Enforcement Officer shall notify the person or owner that requested the hearing of the date, time, and place of the hearing. The notice may be given by regular first-class mail; certified mail, return receipt requested; by personal delivery; or by leaving the notice at their 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. The Code Enforcement Officer may also elect to provide notice of hearing to any lienholders with an interest in the subject premises. Any person or owner requesting a hearing 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 the manner set forth in division (E) below.
(B) Each case that is the subject of a hearing may be presented by an attorney selected by the City Council. The attorney selected by the City Council may represent City Council by presenting cases at the hearing, but cannot also personally represent the Code Enforcement Officer.
(C) All testimony shall be under oath and shall be recorded. The attorney selected to present cases at the hearing 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. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(D) The City Council shall determine, based on the evidence presented, whether a violation was committed. When the City Council determines that no violation was committed, an order dismissing the citation shall be entered. When the City Council determines that a violation has been committed, the City Council may issue an order upholding the citation and may order the offender to do either or both of the following:
(1) Pay a civil fine in an amount up to the maximum authorized by this chapter; or
(2) Remedy a continuing violation within a specified time to avoid the imposition of a fine as authorized by this chapter.
(E) Every final order following a hearing before the City Council shall be reduced to writing, which shall include the findings and conclusions of the City Council, 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 at the time a final order of the City Council 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 18 years of age or older and who is informed of the contents of the order.
(Ord. 632, passed 10-4-16)