(a) Upon request of the code inspector or other designated city employee, or at such other times as may be necessary. A hearing may be convened by one of the following methods:
1. The chairman of an enforcement board may call a hearing of an enforcement board; a hearing may also be called by written notice signed by at least three (3) members of an enforcement board. Minutes shall be kept of all hearings by each enforcement board and all hearings shall be open to the public. The city clerk shall provide clerical and administrative personnel as may be reasonably required by each enforcement board for the proper performance of its duties.
2. The Special Magistrate(s) may call a hearing. Minutes shall be kept of all hearings by each Magistrate and all hearings shall be open to the public. The City Clerk shall provide clerical and administrative personnel as may be reasonably required by each Magistrate for the proper performance of the Magistrate’s duties.
(b) Each case before an enforcement board or Special Magistrate shall be presented by a member of the building department or Code compliance administrative staff. If the local governing body prevails in prosecuting a case before the enforcement board or Special Magistrate, it shall be entitled to recover all costs incurred prosecuting the case before the board or Special Magistrate.
(c) An enforcement board or Special Magistrate 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 or Special Magistrate shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply; however, fundamental due process shall be observed and govern said proceedings.
(d) At the hearing the burden of proof shall be upon the administrative official to show by preponderance of the evidence that a violation does exist. Assuming proper notice of the hearing has been provided to the respondent, a hearing may proceed in the absence of the respondent.
(e) At the conclusion of the hearing the enforcement board or Special Magistrate shall issue findings of fact, based on evidence of record, and conclusions of law and shall issue an order affording the proper relief consistent with powers granted herein. If the matter is heard by an enforcement board, the findings shall be by motion approved by a majority of those present and voting, except that at least four (4) members of the enforcement board must vote for the action to be official. For all hearings, the order may include a notice that it must be complied with by a specific date, and that a fine may be imposed and, under the conditions specified in section 2-79, the cost of repairs may be included along with the fine, if the order is not complied with by said date; a certified copy of the 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, 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 or Special Magistrate 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.
