§ 5-65. Hearing on notice of violations.

(a)

Any person served with a violation notice and order to show cause issued in connection with the enforcement of any provisions of this article may, within thirty (30) days of service, file written objections to said notice and order with the enforcing agency, and may request a hearing on the matter before the Board.

(b)

All objections to a notice of violation and order to show cause shall be in the form of a petition seeking review of the director's order to show cause. The petition shall:

(1)

Be printed or typewritten on no less than eight and one-half by eleven inches (8½″ × 11″) white bond paper;

(2)

Contain the name, address, and telephone number of the petitioner and the violation number;

(3)

Indicate whether or not the petitioner is represented by an attorney and, if so, state the attorney's name, address, and telephone number;

(4)

Set forth in clear and concise language the petitioner's objections to the notice of violation and order to show cause;

(5)

Contain a brief statement setting forth the specific grounds for each objection;

(6)

State whether or not the petitioner will appear at the hearing before the Board, and if the petitioner will be accompanied by counsel;

(7)

State the relief or decision sought by the petitioner from the Board; and

(8)

Be signed and verified under oath by the petitioner.

(c)

The filing of objections to a notice and order of the director with the enforcing agency, in the form of a petition as specified hereunder, shall entitle the petitioner to a hearing before the Board.

(d)

Upon receipt of a petition in the form specified hereunder, the enforcing agency shall immediately set a time and place for a hearing thereon, and shall notify the chair or vice-chair of the Board of the time and place set for the hearing. The petitioner shall also be given written notice of the hearing, by mailing a copy of the hearing notice to the address given in the petition.

(e)

The hearing shall be held not less than fifteen (15) days, nor more than sixty (60) days, after the day upon which the petition was received by the enforcing agency.

(f)

Upon application of the petitioner or the petitioner's attorney, the chair or vice-chair of the Board may postpone or continue the date of a hearing for a reasonable time beyond the sixty-day period if, in the chair's or vice-chair's judgment, the petitioner has submitted a good and sufficient reason for such postponement or continuance.

(g)

At the hearing, the petitioner shall be given an opportunity to be heard and to show why the violation notice and order to show cause should be modified or withdrawn.

(h)

Hearings shall be informal and need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to relying on in the conduct of serious affairs. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in and of itself to support a finding, unless it would be admissible over objections in civil actions. The rules of privilege shall be effective to the same extent that they are recognized in all civil actions. All witnesses shall be sworn prior to giving any testimony, and irrelevant and unduly repetitious evidence and testimony shall be excluded.

(i)

All parties shall have an opportunity to respond, to present evidence and argument on all issues involved, to conduct cross-examination, to submit rebuttal evidence, to submit proposed findings of facts and orders, to file exceptions to any order or Board member's recommended order, and to be represented by counsel. When appropriate, the general public may be given an opportunity to present oral or written communications. If the Board proposes to consider such material, then all parties shall be given an opportunity to cross-examine, challenge, or rebut such material.

(j)

The record in hearings governed by this article shall consist only of:

(1)

All notices, pleadings, motions, and intermediate rulings;

(2)

Evidence received or considered;

(3)

A statement of matters officially recognized;

(4)

Questions and proffers of proof and objections and rulings thereon;

(5)

Proposed findings of fact and exceptions;

(6)

Any decision, opinion, recommended order, or report by the Board member presiding at the hearing;

(7)

All staff memoranda or data submitted to the Board during the hearing or prior to its disposition; and

(8)

The official transcript.

(k)

The Board shall accurately and completely preserve all testimony and evidence in the proceeding.

(l)

Findings of fact shall be based exclusively on the evidence of record and on matters officially recognized.

(m)

The Board may, for due cause and where a proven hardship exists, modify or waive the requirements set forth in this article, provided the subject premises do not constitute an immediate health hazard to the public.

(n)

The Board shall, at the conclusion of a hearing hereunder, sustain, modify, or dismiss the notice of violation and order to show cause, and issue an order relative thereto consisting of the Board's findings of fact, conclusions of law, a legal description of the subject premises, and such other information deemed pertinent by the Board. When corrective action is ordered by the Board, it shall specify a date certain by which said action is to be completed.

(Ord. No. 76-55, § 14, 10-12-76; Ord. No. 1998-43, § 15, 11-24-98; Ord. No. 2010-09, § 1, 2-9-10; Ord. No. 2013-44, § 1, 12-10-13)