§ 2-123. Conducting hearings.

(a)

The clerk shall set a time and date for the hearing and notify the alleged violator and the code prosecutor. The violator shall be given at least seven (7) working days' written notification of the hearing.

(b)

All testimony shall be under oath and shall be recorded. The special magistrate shall take testimony from the code inspector and alleged violator. Rules of formal evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Hearsay evidence may be accepted for the purpose of supplementing or explaining any direct evidence, by 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.

(c)

The alleged violator shall have the right to be represented by an attorney, however, the alleged violator or their attorney shall provide the city with written notice that an attorney is representing the violator's interest at least five (5) working days prior to the scheduled date of the hearing.

(d)

The alleged violator or the city may cause the proceedings to be recorded by a certified court reporter or other certified recording instrument, however, the city shall be under no obligation to provide a certified court reporter or other certified recording instrument, but rather, the city may use a recording device of its choice to satisfy its obligation to record the meeting.

(e)

The burden of proof shall be with the code inspector to show by the greater weight of evidence that a code violation exists and that the alleged violator committed or was responsible for maintaining the violation.

(f)

If written notice has been provided to an alleged violator of the hearing, a hearing may be conducted and an order rendered in the absence of the violator.

(g)

The special magistrate may, for good cause shown, postpone or continue a hearing.

(h)

At the conclusion of the hearing, the special magistrate shall issue finds of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers contained in section 2-120 above. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed and, under the conditions specified in section 2-122(d) above, the cost of repairs may be included along with the fine if the order is not complied with by said date. If a violation is found, the city shall be entitled to recover all costs incurred in prosecuting the case before the special magistrate and such costs may be included in the lien imposed pursuant to section 2-124 below. 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 finding upon the violator and, if the violation concerns real property, and subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the special magistrate shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.

(Ord. No. 290-A, § 2, 2-8-94; Ord. No. 290-00-A, § 5, 8-8-00; Ord. No. 290-05-A, § 8, 8-9-05)