§ 2-66. Conduct of hearing.

(a)

Upon request of the code inspector or at such times as may be necessary, the chair of the code enforcement board may call hearings of the code enforcement board. Hearings may also be called by written notice signed by at least three members of the code enforcement board. The board, at any hearing, may set a future hearing date. Upon scheduling a hearing, the board shall cause notice thereof to be furnished to the alleged violator and property owner by certified mail, return receipt requested, or by personal service by the code inspector. The notice shall contain the date, time and place of the hearing and shall state the nature of the violation in reference to the appropriate code or ordinance.

(b)

At the hearing, the burden of proof shall be upon the code inspector to show by a preponderance of the evidence that a violation does exist.

(c)

Assuming proper notice of the hearing has been provided to the alleged violator and owner as provided in subsection (a) of this section, a hearing may proceed in the absence of either or both the alleged violator and the property owner.

(d)

All testimony shall be under oath and shall be recorded. The code enforcement board shall take testimony from the code inspector and the alleged violator and from other such witnesses as may be called by the respective sides. The property owner may also present testimony at the hearing, if the owner so desires.

(e)

Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

(f)

Irrelevant, immaterial or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of the state.

(g)

Any member of the board, the city attorney, the alleged violator and his attorney or other representative of the violator, the property owner and his attorney or other representative of the property owner, and the code inspector shall be permitted to inquire of any witness before the board. Parties shall have the right to present rebuttal evidence.

(h)

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 the powers granted in this article. The findings shall be made by motion approved by a majority of those members present and voting, except 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 and that a fine may be imposed and, under conditions specified in subsection 2-69(a), the cost of any repairs may be included along with the fine if the order is not complied with by that date. The order shall be reduced to writing and mailed to the alleged violator and property owner within ten days after the hearing.

(i)

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, any 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 code enforcement board 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.

(j)

The record shall be subject to review and shall be presented to the court on appeal.

(Code 1988, § 2-66)

State law reference

Similar provisions, F.S. § 162.07.