§ 2-213. Hearings.

(a)

Upon request of the code enforcement manager or code inspector, or at such other times as may be necessary, the chairman of the code enforcement board may call a hearing of the code enforcement board. Hearings may also be called by the vote of at least three members of the code enforcement board at a duly called meeting. Minutes shall be kept of all hearings by code enforcement board, and all hearings and proceedings shall be open to the public. The city council shall provide clerical and administrative personnel, supplies and equipment as may be reasonably required by the code enforcement board for the proper performance of its duties.

(b)

Presentation of case. Each case before the code enforcement board may be presented by the city attorney, the code compliance inspector, the code enforcement manager, or a member of the administrative staff of the city.

(c)

Testimony and evidence. The code enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The code enforcement board may take testimony from city staff members, the alleged violator or any interested party. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern said proceedings. If the city prevails in prosecuting a case before the code enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board, and such costs may be included in the lien authorized under section 2-214(e).

(d)

Action by board. At the conclusion of the hearing, the code enforcement board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted in this article. The findings shall be by motion approved by a majority of those present and voting, except that at least four members of the code enforcement board must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date; an assessment of the costs of prosecution; that a fine of a certain amount may be imposed against the property owner, or its successors; that upon the board's receipt of an affidavit of non-compliance the board chairman shall be authorized by the board to issue an order imposing an administrative fine; and under the conditions specified in section 2-214 the cost of repairs in a certain amount may be included along with the fine if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest or assigns if the violation concerns real property; and the findings therein shall be binding upon the violator and, if the violation concerns real property, subsequent purchasers, successors in interest or assigns. If an order is recorded in the public records pursuant to this section, and the order is complied with by the date specified in the order, the code compliance inspector shall issue an affidavit of compliance and provide copies to the code enforcement board. The code enforcement board chairman shall issue an order acknowledging compliance and the order shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.

(Ord. No. 2002-24, § 1, 5-21-02)