§ 2-5-74. Hearing.

(a)

Within the period of time for compliance specified in the notice of public nuisance, the property owner shall either abate the nuisance or file a written request with the code compliance office for a hearing before a hearing officer to show that the condition alleged in the notice does not exist or that such condition does not constitute a public nuisance in violation of this division. This request shall be effective when received by the code compliance office.

(b)

Upon receipt of a timely request for an administrative hearing, the matter shall be set for hearing no sooner than ten (10) days after the notice of the hearing is sent.

(c)

Upon receipt of said request for an administrative hearing, the county shall serve a notice of hearing to the violator, which notice shall include, but not be limited to, the following:

(1)

Place, date and time of the hearing.

(2)

Right of violator to be represented by an attorney.

(3)

Right of violator to present witnesses and evidence and conduct cross-examination.

(4)

A conspicuous statement reflecting the requirements of F.S. Ch. 286 that a person deciding to appeal any decision of the hearing officer will need to ensure that a verbatim record of the proceedings is made.

(d)

All hearings shall be administratively scheduled by the building construction services department.

(e)

All hearings shall be open to the public. All testimony shall be under oath, minutes shall be taken, and the proceedings shall be recorded.

(f)

Each case before the hearing officer shall be presented by the personnel designated by the county administrator.

(g)

Formal rules of evidence shall not apply, but fundamental principles of due process shall be observed and govern the proceedings. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence shall be admissible in a court in the State of Florida.

(h)

Each party shall have the right to call and examine witnesses, to introduce exhibits, and to cross-examine opposing witnesses on any relevant matter.

(i)

The hearing officer shall make findings of fact based on evidence presented. In order to make a finding affirming the code compliance officer's decision, the hearing officer must find by a preponderance of the evidence that the violator was responsible for the violation of the relevant code provision as cited.

(j)

If the violator is found guilty of the violation is assessed, the violator may also be held liable for the reasonable costs of enforcement including fees incurred by the county for the hearing officer.

(k)

The hearing officer shall have the power to:

(1)

Take testimony under oath.

(2)

Determine whether cited violations occurred.

(3)

Assess and order the payment of reasonable costs of enforcement.

(l)

The violator or the county may appeal a final order of the hearing officer by filing a notice of appeal in the Circuit Court in and for Charlotte County, Florida in accordance with the procedures and within the time provided by the Florida Rules of Appellate Procedure for the review of administrative action.

(Ord. No. 2008-091, § 1, 10-28-08)