§ 2-442. Conduct of hearings.

(a)

Calling of hearing; hearings to be open to public; staff. Upon request of the inspector, or at such other times as may be necessary, the chairman of the enforcement board may call a hearing of the enforcement board. A hearing also may be called by written notice signed by at least three members of the enforcement board. Minutes shall be kept of all hearings by the enforcement boards, and all hearings and proceedings shall be open to the public. The local governing body shall provide clerical and administrative personnel as may be reasonably required by each enforcement board for the proper performance of its duties.

(b)

Prosecutor. Each case before the enforcement board shall be presented by the local governing body attorney or by a member of the administrative staff of the local governing body. If the local governing body prevails in prosecuting a case before the 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 2-443(c).

(c)

Testimony. The 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 enforcement board shall take testimony from the code inspector and alleged violator, and other witnesses presented by either party. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

(d)

Findings and order by board. At the conclusion of the hearing, the board shall issue formal written findings of fact, based on evidence of record and conclusions of law, and shall issue a written order reciting the findings and conclusions and affording the proper relief consistent with powers granted in this article. The findings shall be by motion approved by a majority of those members present and voting, except that at least four members of the 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 the conditions specified in section 2-443(a), the costs of repairs, remedial action or demolition may be included along with the fine if the order is not complied with by such 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, 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 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.

(Code 1985, § 2-171; Ord. No. 2069, § 1, 3-7-89; Ord. No. 2213, § 6, 5-14-91; Ord. No. 2663, § 3, 11-8-96)