Conduct of CEB and CESM hearings

Amended by Ordinance No. 2025-138

(a)

The CEB will meet at least once a month unless there are no pending cases, or at other times as may be necessary. The chair of the CEB may call hearings of the CEB at times other than the regularly scheduled sessions, upon the request of a department director or the city attorney's office. Hearings may also be called by written notice signed by at least three (3) members of the CEB.

(b)

CESMs will meet as may be necessary.

(c)

Minutes of all CEB shall be kept by the secretary, including the vote of each CEB member upon each question and the outcome of the case.

(d)

Minutes of all CESM hearings shall be kept by the secretary, including the determinations made by the CESM.

(e)

All hearings and proceedings shall be open to the public.

(f)

All testimony shall be under oath and mechanically recorded. A violator or the city may cause the proceedings to be recorded by a certified court reporter at the requesting party's expense.

(g)

The city shall provide a hearing room and clerical and administrative personnel as may be reasonably required by the CEB or CESMs to conduct hearings and perform their respective duties.

(h)

Each case before the CEB or CESM shall be presented by the administrative staff, including code enforcement officers of the city department which is charged with the responsibility for enforcement of the City Code sections or city ordinances alleged to have been violated. Additionally, the local governing body attorney (or designated assistant city attorney) may present cases before the CEB or CESM.

(i)

Formal rules of evidence shall not apply to CEB or CESM proceedings, but fundamental due process shall be observed and shall govern the proceedings. Relevant evidence shall be admissible if it is the type of evidence upon which reasonable and responsible persons would normally rely in the conduct of business affairs, regardless of the existence of any common law or statutory rule which might make such evidence inadmissible over objections in a civil action. The chair of the CEB or the CESM may exclude irrelevant or unduly repetitious evidence.

(j)

Each party to a CEB or CESM hearing shall have the right to call and examine witnesses, introduce exhibits, cross-examine opposing witnesses, impeach witnesses and rebut evidence. It shall be the responsibility of the violator to create, at his/her own expense a certifiable record of the proceedings in case of appeal or administrative review.

(k)

The violator has the right at his own expense to be represented by an attorney at any CEB or CESM hearing.

(l)

The burden of proof shall be with the city to show by the greater weight of the evidence that a violation of the City Code or city ordinance exists and that the violator committed or was responsible for allowing or maintaining the violation. If the violator raises one or more defenses, then the violator has the burden to prove those defenses by the greater weight of the evidence.

(m)

If notice of the public hearing to a violator has been provided pursuant to this chapter, the hearing may be conducted and an order rendered in the absence of the violator.

(n)

At the conclusion of a CEB hearing, the CEB shall issue an order containing the findings of fact based on the evidence of record, and conclusions of law. The order shall be binding on the violator(s) and afford the proper relief or penalty consistent with the powers granted in this chapter. The findings shall be by a motion approved by a majority of those members present and voting, except that, at least four (4) CEB members must vote in order for the action to be official. A tie vote constitutes no action and the matter remains pending before the CEB. If a tie occurs, the CEB shall continue to vote until there is a majority approving the motion or the CEB may continue the matter to the next regular meeting of the CEB at which time those CEB members who were absent at the time of the original vote shall vote on the motion pending before the CEB. The board members absent at the original vote must review the evidence presented in the evidentiary hearing prior to casting their vote. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by that date. The CEB may also determine and include in its order the rate of the fine to be imposed if the violator fails to comply with the order in a timely fashion.

(o)

At the conclusion of a CESM hearing, the CESM shall issue an order containing the findings of fact based on the evidence of record, and conclusions of law. The order shall be binding on the violator(s) and afford the proper relief or penalty consistent with the powers granted in this chapter. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by that date. The CESM may also determine and include in its order the rate of the fine to be imposed if the violator fails to comply with the order in a timely fashion.

(p)

Under the conditions specified in section 9-107(d), the CEB or CESM may issue a separate order for any costs incurred by the city in performing repairs or taking curative actions if the order imposing fine is not complied with in a timely fashion.

(q)

If the violation concerns real property, a copy of the order imposing fine and any order assessing costs for the city taking curative action that have been certified by the city clerk may be recorded in the public records of the Hillsborough County and shall constitute binding notice of the violations found therein to any subsequent purchasers, successors in interest or assigns.

(r)

If an order is recorded in the public records pursuant to this chapter and the order is complied with by the date specified in the order, the CEB or CESM shall issue an order acknowledging compliance or a release that shall be recorded in the public records. A hearing is not required for issuance of an order acknowledging compliance or release.

(Ord. No. 2015-50, § 18, 4-16-15)