§ 2-70. Conduct of hearings.

(a)

At the hearing, the burden of proof shall be upon the town to show by substantial competent evidence that a violation did occur or does exist, or has been repeated. Assuming proper notice of hearing has been given to the respondent, either as actual notice or as provided herein, a hearing may proceed in the absence of the respondent.

(b)

All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply. Irrelevant, immaterial and unduly repetitious evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible at a trial in the courts of the state. Documentary and physical evidence may be admitted.

(c)

The special magistrate may inquire of any witness who is testifying before him/her. The respondent, or his attorney and the town attorney and his/her designee shall be permitted to inquire of any witness before the special magistrate. The special magistrate may call any witness deemed necessary to provide a full and fair hearing of the case.

(d)

At the conclusion of the hearing, the special magistrate shall issue findings of fact based on evidence on the record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted herein. The order shall be stated orally at the meeting, and shall be reduced to writing and mailed to the alleged violator within ten working days after the hearing. In the event the town prevails in prosecuting a case before the magistrate, it shall be entitled to recover all costs incurred in prosecuting the case before the special magistrate and such costs may be included in the lien authorized under section 2-72 of this chapter. Administrative costs, for purposes of this section, shall be $150.00. The order entered by the magistrate shall include, in the event of noncompliance, a finding of noncompliance, that the violator is required to pay the town administrative costs in the amount of $150.00, that the order must be complied with by a specified date and that a fine, as well as the cost of repairs, may be imposed if the order is not complied with by such date. The administrative costs shall be due regardless of whether the order is complied with by the requisite date. A certified copy of such 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 and, if the violation concerns real property, any subsequent purchasers or successors in interest or assigns.

(Ord. No. 06-02, § 1, 5-5-06; Ord. No. 09-6, § 1, 11-13-09)

State law reference

Similar provisions, F.S. § 162.07.