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 Broward County
 Code of Ordinances
 Chapter 9. CONTRACTORS
 Article XI. REGULATION OF TREE TRIMMERS

  § 9-171. Orders of the hearing officer.  

Latest version.

  • (a)

    The orders of the hearing officer shall contain findings of fact and conclusions of law based upon the evidence presented. In order to make a finding affirming a code enforcement officer's decision, the hearing officer must find by clear and convincing evidence that the sole proprietor, business organization, or governmental agency was responsible for the violation of the relevant code provision as cited. In regard to a review of an administrative determination denying a license application, the applicant shall have the burden of showing, by a preponderance of the evidence, that the determination was an arbitrary and/or capricious abuse of discretion, not supported by competent, substantial evidence, or not in conformance with the essential requirements of this article.

    (b)

    If, at the conclusion of a hearing, the hearing officer orders a dismissal of the complaint and finds that the sole proprietor, business organization, or governmental agency complained against has not violated a provision of this article, then the hearing officer shall so state and issue an order dismissing the complaint.

    (c)

    To establish a cause of action under this article, it need not be shown that any person was actually injured.

    (d)

    The hearing officer shall retain jurisdiction over the parties to an action pursuant to this article for thirty (30) days from rendition of the order and may modify or set aside the order for good cause at any time within thirty (30) days after the rendition of the order by rehearing, upon the hearing officer's own motion or motion of an interested party, when such rehearing is in the interest of the public. Absent a motion for rehearing, the hearing officer may not rehear a complaint brought against a sole proprietor, business organization, or governmental agency based on the same transaction(s) for which the hearing officer has previously held a disciplinary proceeding and entered an order.

    (e)

    An order is deemed rendered when a signed, written order is filed with the clerk of the hearing officer. However, if an order has been entered and a motion for rehearing has been filed, the final order shall not be deemed rendered until the filing of a signed written order disposing of the motion for rehearing.

(Ord. No. 2009-14, § 3, 3-24-09)