§ 2-161. Hearings.

(a)

The code enforcement board shall adopt rules for governing the conduct of its affairs not inconsistent with the provisions of this section.

(b)

The chairman 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 code enforcement board may, at any properly noticed hearing, set a future hearing date.

(c)

Minutes shall be kept of all hearings, specifically including the vote of each member upon each question, by the code enforcement board. All hearings and proceedings shall be open to the public. All testimony shall be under oath and mechanically recorded.

(d)

The city shall provide a hearing room and such clerical and administrative personnel as may be reasonably required by the code enforcement board for the proper performance of its duties.

(e)

Each case before the code enforcement board shall be presented by one or more code inspectors who are charged with the responsibility for inspection and/or enforcement of the specific code section alleged to have been violated.

(f)

The code enforcement board shall proceed to hear the cases on the agenda for that day; however, the code enforcement board may, in its discretion, continue any case until the next agenda upon a showing of good cause at the time of or prior to the scheduled hearing. The code enforcement board shall take the testimony from the code inspector, the alleged violator, and any other witnesses. Both sides shall have a right to give testimony, present witnesses and to cross examine adverse witnesses, in person or through their attorney. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

(g)

After conclusion of the hearing, the code enforcement board shall issue findings of fact based upon the evidence or record, and conclusions of law. The board shall issue an order affording the proper relief consistent with the powers granted in this division. The finding shall be by motion approved by a majority of those present and voting, except that at least four of those members of the code enforcement board must vote 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 2-164, the cost of repairs may be included along with the fine, if the order is not complied with by that 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 in the order 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 for the issuance of an order acknowledging compliance.

(h)

All hearings and deliberations before the code enforcement board shall be open to the public.

(Ord. No. 93-6, § 5 B., 12-7-93)

State law reference

Similar provisions, F.S. § 162.07.