§ 12-39. Complaint and hearing.

(a)

If the preliminary investigation discloses evidence that a building is in violation of the minimum standards, he shall issue and cause to be served upon the owner of such building a complaint stating the charges and containing a notice that a hearing will be held before the code enforcement officer at a place and time therein fixed, not less than ten nor more than 30 days after the serving of said complaint. The owner shall have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. Any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the code enforcement officer. Following the hearing, the code enforcement officer shall dismiss the complaint if he finds no violation; if he finds that violations of this article exist, he shall order compliance setting forth a maximum of up to 180 days within which to correct the violations. Such order shall contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article.

(b)

If the code enforcement officer determines that the repairs, alterations or improvements necessary to bring the building into compliance with the provisions of this article can be made at a cost of less than 50 percent of the present value of the building, he shall state in writing his findings of fact in support of such determination, and shall issue and cause to be served upon the owner thereof, an order directing and requiring the owner to repair, alter and improve such building to comply with the standards contained herein.

(c)

If the code enforcement officer determines that the repairs, alterations or improvements necessary to bring the building into compliance with the provisions of the article can not be made at a cost of more than 50 percent of the present value of the building, he shall state in writing his findings of fact in support of such determination, and shall issue and cause to be served upon the owner thereof an order directing and requiring the owner to either repair, alter and improve such building to comply with the standards contained herein or to demolish the building.

(Ord. No. 08-0316, § 1, 3-6-08)