§ 2-54. Contents of notice, schedule and conduct of special master hearing.
(a)
The notice of hearing shall include the following:
(1)
Name of the officer who issued the notice;
(2)
Factual description of alleged violation;
(3)
Date of alleged violation;
(4)
Section of the code allegedly violated;
(5)
Place, date and time of the hearing;
(6)
Right of violator to be represented by an attorney;
(7)
Right of violator to present witnesses and evidence;
(8)
Notice that failure of violator to attend hearing may result in civil penalty being assessed; and
(9)
Notice that requests for continuances will not be considered if not received in writing by the code officer at least ten (10) calendar days prior to the date set for hearing.
(b)
The special master shall conduct hearings on a regularly scheduled monthly basis or more frequently upon request of the county administrator. No hearing shall be set sooner than twenty (20) days from the date the notice of code violation is served.
(c)
All hearings before the special master shall be open to the public. All testimony shall be under oath. Assuming proper notice, a hearing may proceed in the absence of the named violator.
(d)
The proceedings at the hearing shall be recorded electronically or by a stenographer and if recorded by a stenographer may be transcribed at the expense of the party requesting the transcript.
(e)
The county administrator, shall provide clerical and/or administrative support personnel for the special master to facilitate the proper performance of clerical and special master duties.
(f)
Each case before a special master shall be presented by the officer or representative of the department issuing the violation.
(g)
The hearing shall not be conducted in accordance with the formal rules of evidence. Any relevant evidence shall be admitted if the special master finds it competent and reliable, regardless of the existence of any common law or statutory rule to the contrary.
(h)
All testimony at the hearing shall be under oath. Each party shall have the right to call and examine witnesses, to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues.
(i)
The special master shall make findings of fact based on the evidence in the record alone and may state conclusions of law. In order to make a finding upholding the code officers determination that a violation exists, the special master shall find that a preponderance of the evidence indicates that the violator was legally responsible for the violation of the relevant section of the ordinances or codes as cited, and that a violation did or does in fact exist.
(j)
The prescribed time for correction of the violation given to the named violator and contained in the code violation notice shall be presumed to have been a reasonable time for correction. Upon presentation of relevant evidence by the named violator that the time for correction was not reasonable, the special master may find that the time given for correction was insufficient, and the penalty for a continuing violation may be calculated from a date determined by the special master to be the reasonable date for correction.
(k)
If the named violator is found guilty of the violation, he/she may be held liable for the costs of the enforcement proceeding and such costs shall be included in the lien authorized by law.
(l)
The fact-finding determination of the special master shall describe whether the alleged violation did in fact occur and, if so, whether the person named in the civil violation notice is legally responsible for that violation. The special master shall either affirm or reverse the determination of the code officer as to the responsibility of the named violator for the correction of the ordinance or code violation. The special master may modify the determination of the code enforcement officer as to the time for correction contained in the code violation notice. If the special master reverses the determination of the code officer and finds the named violator not responsible for the alleged violation in the code violation notice, the named violator shall not be liable for the payment of any civil penalty, absent a successful appeal by the county of the special master's decision. If the decision of the special master is to affirm the code officer's determination of violation, then any of the following may be included in the order:
(1)
Amount of civil penalty;
(2)
Prehearing and hearing administrative enforcement costs; and
(3)
Date by which the violation shall be corrected to prevent resumption of continuing violation penalties.
(m)
The special master shall have the power to:
(1)
Adopt procedures for the conduct of hearings;
(2)
Take testimony under oath;
(3)
Assess and order the payment of civil penalties; and
(4)
Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance.
(n)
A special master shall not conduct a hearing if the named violator, prior to the scheduled hearing date, files with a duly authorized county and county board of appropriate jurisdiction for administrative interpretation of the legal provision(s) on which the alleged violation was based. Upon exhaustion of the administrative review and finalization of the administrative order by such board, the special master may exercise all powers granted herein. The special master shall not, however, exercise any jurisdiction over alleged code violations where a named violator has properly filed a request for administrative interpretation and review by such county or county board until such time for review has lapsed.
(o)
The special master shall be bound by the interpretations and decisions of the authorized county or county boards of appropriate jurisdiction concerning their administrative interpretations. In the event that the authorized board finds that the cited violation of the ordinance or code has not been properly interpreted, the special master shall be prohibited from proceeding with the enforcement of the alleged violation.
(Ord. No. 2004-09, § 9, 7-13-04; Ord. No. 2010-10, § 3, 3-24-10)