§ 2-189. Hearing.

(a)

General procedures. Upon request of the code inspector or at such other time as necessary, the special master may call a hearing. Minutes shall be kept of all hearings by each enforcement board, and all hearings and proceedings shall be open to the public. The city commission shall provide clerical and administrative personnel as may be reasonably required by the special master for the proper performance of its duties. At the hearing, the burden of proof shall be upon the city to show by substantial competent evidence that a violation did occur or does exist, or has been repeated. If proper notice of hearing has been given to alleged violator, either as actual notice or as provided herein, a hearing may proceed in the absence of alleged violator. Each case before the special master shall be presented by the city attorney or by a member of the administrative staff of the city. If the city prevails in prosecuting a case before the special master, it shall be entitled to recover all costs incurred in prosecuting the case before and such costs may be included in the lien authorized under section 2-187. The special master shall proceed to hear the cases on the agenda for that day.

(b)

Evidence. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. All testimony shall be under oath, shall be recorded, and documentary and physical evidence may be admitted. The special master shall take testimony from the code inspector and alleged violator.

(c)

Witnesses. The special master may inquire of any witness who is testifying before him. The respondent or his attorney and the city attorney or his designee may call witnesses and shall be permitted to inquire of any witness before the special master. The special master may call any witness deemed necessary to provide a full and fair hearing of the case.

(d)

Finding of facts; orders. At the conclusion of the hearing, the special master shall issue findings of facts based on evidence on the record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted herein. The order shall be stated orally at the meeting, and shall be reduced to writing and mailed to the alleged violator within ten working days after the hearing. The order may include a notice that it must be complied with by a specified date and that a fine, as well as the cost of repairs as provided in section 2-187 may be imposed if the order is not complied with by said date. A certified copy of such order may be recorded in 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 or, 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 master 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. 1-97, § 1(2-66.1(c)—(e)), 5-6-1997)

State law reference

Similar provisions, F.S. § 162.07.