Ordinance 2001-141 - Laserfiche WebLink

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(I) The hearing need not be conducted in accordance with the formal rules relating to evidence and witnesses, but fundamental due process shall be observed and shall govern the proceedings. Any relevant evidence shall be admitted if the Special Master finds it competent and reliable, regardless of the existence of any common law or statutory rule to the contrary. (J) Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witnesses regardless of which party first called that witness to testify; and to offer rebuttal of the evidence, (K) The Special Master shall make findings of fact and conclusions of law based on evidence of record. In order to make a finding upholding the Code Enforcement Officer's decision, the Special Master must find that a propollderanoe of the evidence substantial competent evidence indicates that the named Violator was responsible for the violation of the relevant section of the Code. (L) The time for correction given by the Code Enforcement Officer to the named Violator and contained in the Civil Violation Notice is rebuttably presumed to have been a reasonable time for correction. Upon presentation of relevant evidence by the named Violator that the time for correction was not reasonable, however, the Special Master may make a re-determination as to the time period being insufficient. If the Special Master determines that the time given for correction was insufficient, the penalty for a Continuing Violation shall be calculated from the date determined by the Special Master to be a reasonable date for correction. (M) If the named Violator is found guilty of the violation, s/he may be held liable for the reasonable cost ofthe administrative hearing, at the discretion ofthe Special Master. (N) The fact-finding determination of the Special Master shall be limited to whether or not the violation alleged occurred, and, if so, whether the person named in the Civil Violation Notice may be held responsible for that violation. Based upon this fact-finding determination, the Special Master shall either affirm or reverse the decision of the Code Enforcement Officer. If the Special Master reverses the decision of the Code Enforcement Officer and finds the named Violator not responsible for the Code violation in the alleged in the Civil Violation Notice because the department did not present a preponderance of substantial competent evidence to indicate that such violator is responsible for the violation, then, and in that case, the named Violator shall not be liable for the payment of any civil penalty, absent reversal of the Special Master's findings pursuant to Section 12 of this Ordinance any circuit court appeals. (0) The decision the Special Master affirming the decision of the Code Enforcement Officer, shall include the following elements: (I) Amount of civil penalty. (a) Prescribed in the scheduled of civil penalties as adopted herein. (b) Gravity of the violation. 02001- _ Reestablishing Code Enforcement Procedures 9