§ 8-39. Proceedings.

(a)

All cases to be heard by the commission must be heard by a panel of at least five (5) members and/or alternate members.

(b)

A majority of the entire commission shall adopt rules for the entire commission in accordance with this chapter. The rules shall establish procedures for use in hearings, providing ample opportunity for presentation of evidence and testimony by respondents or persons opposing charges being brought by the city relating to alleged violations of ordinances.

(c)

A majority vote of the members voting on a matter is necessary to take any action under this chapter.

(d)

The code enforcement director or his or her designee shall present all cases before the commission panel.

(e)

Meetings of the commission panel shall be held at the call of the chairman, or in the chairman's absence, the acting chairman, and at other times as determined by the commission. All meetings of the commission shall be open to the public. The chairman or acting chairman may administer oaths and compel the attendance of witnesses.

(f)

The commission shall keep minutes of its proceedings showing the vote of each member on each question or the fact that a member is absent or fails to vote. Each commission panel shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the office of the commission as public records.

(g)

Public hearings will be conducted by the building and standards commission in accordance with the rules of the commission to hear and consider alleged violations of ordinances by owners, managers or occupants of buildings.

(h)

If no appeals are taken from the decision of the commission within the required period, the decision of the commission panel is final and non-appealable.

(i)

In a public hearing to determine whether a building complies with the standards set out in this chapter, the owner, lienholder, or mortgagee, has the burden of proof to demonstrate the scope of work that may be required to comply with this chapter, and the time it will take to reasonably perform the work.

(Ord. No. 2008-9000, § 2, 10-2-08)