99-928 Repealing Sections 2-146 through 2-156

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FILE NUM 2002995131 OR HOOK 44638 PAGE 1724 (a) Upon request of the Code Enforcement Officer, or at such other times as may be necessary, the chairperson of the Code Enforcement Board may call a hearing of the Board. A hearing also may be called upon written notice signed by at least three members of the Board. Notice of hearing shall be circulated to all members of the Board. Minutes shall be kept of all hearings of the Board, and all hearings and proceedings shall be open to the public. The City Manager, upon request of the City Commission, shall provide clerical and administrative personnel as may be reasonably required by the Board for the proper performance of its duties. (b) Special emergency meetings of the Board may be convened by the chairperson upon the giving of notice thereof to each of the other members of the Board. Written notice of a special emergency meeting shall be delivered at least 24 hours prior to convening the Board. (c) Each case before the Board shall be presented by the Code Enforcement Officer, a member of the City's Administrative Staff or special counsel. If the City prevails in prosecuting a case before the Code Enforcement Board, it shall be entitled to recover all costs incurred in prosecuting the case before the Board, and such costs may be included in the lien authorized under Section 2-153(e). (d) The Board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. (e) The Board shall take testimony from the Code Enforcement Officer, the alleged violator and all witnesses called before the Board. (f) Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern all proceedings. Irrelevant, immaterial or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not that evidence would be technically admissible in a trial before the state courts. Any part of the evidence may be received in written form acceptable to the Board. (g) Four members of the Board shall constitute a quorum for the lawful performance of the duties of the Board at any meeting. (h) At the conclusion of the hearing, the Board shall issue findings of fact based on the evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with the evidence and the powers granted herein. (1) The findings shall be by motion approved by a Ordinance No. 7 q,, 7 Page 4 of 9