§ 40-122. Violations.

Any person who violates any section of this article will be subject to fines as specified in section 40-123. All violations will be handled in the following manner:

(1)

Notice of violation. A notice of violation will be sent from either the tax collector's office or the county code enforcement. Said notice will give the alleged violator 30 days to come into compliance.

(2)

Notice of hearing. If the alleged violator does not come into compliance, the matter will be turned over to the county code enforcement to schedule a hearing before the special magistrate. A notice of hearing will be sent to the alleged violator by certified mail, return receipt requested, and regular mail at least 15 days prior to said hearing. The code enforcement officer may also post a copy of said notice on the property in question.

(3)

Hearing. The hearing will be before the county special magistrate and will be conducted as follows:

a.

All testimonies shall be under oath and be mechanically recorded.

b.

Each case shall be presented by either a staff member of the tax collector's office or a code enforcement officer.

c.

Formal rules of evidence shall not apply, but fundamental due process shall be observed and govern the proceeding.

d.

Each party to the hearing shall have the right to call and examine witnesses, introduce exhibits, cross examine opposing witnesses and rebut evidence.

e.

An alleged violator, and the county, has the right, at his own expense, to be represented by an attorney.

f.

The alleged violator or the county may cause the proceedings to be recorded by a certified court reporter or by a certified recording instrument at their own expense.

g.

The burden of proof shall be with the county to show by the greater weight of the evidence that a code violation exists and the alleged violator committed or was responsible for maintaining the violation.

h.

If the required notice of hearing has been provided to the alleged violator, the hearing may be conducted and an order rendered in the absence of the alleged violator.

i.

The special magistrate shall render a decision in the matter. If the alleged violator is found guilty, penalties shall be as outlined in section 40-123.

j.

A certified copy of such order shall be mailed to the alleged violator by certified mail, return receipt requested.

k.

The alleged violator and the county may seek review of the order in circuit court.

(Ord. No. 2006-41A, § 18, 11-14-2006)