§ 2-65. Conduct of hearing.

(a)

Each case before code enforcement special master shall be initiated and presented by a member of city code enforcement staff. The burden of proof shall be upon the city code enforcement staff to show, by a preponderance of the evidence, a violation does exist. In the event multiple violations are alleged, the respondent shall not be entitled to separate hearings thereon, unless ordered by the special master.

(b)

The city attorney shall act as the attorney for code enforcement staff.

(c)

All hearings shall be held in a designated city facility accessible to the general public.

(d)

All hearings before the special master shall be conducted so as to ensure fundamental due process.

(e)

The case on behalf of the city shall be presented first, and the respondent, or duly designated representative, shall then be provided an opportunity to present their case.

(f)

The special master shall take testimony from any witness having knowledge concerning a hearing on a case. All testimony shall be under oath. The special master shall have the power to administer an oath to any witness. Upon direction of the special master, each party shall be permitted the opportunity to inquire of any hearing witness.

(g)

The special master shall not be bound by formal rules of evidence. Irrelevant, immaterial or unduly repetitious evidence shall be excluded, but all other 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 in a trial in a court of law within the state.

(h)

As soon as practicable after the conclusion of the hearing, the special master shall issue findings of fact based on evidence or record, and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted herein and consistent with F.S. ch 162.

(i)

The special master shall be bound by the interpretations and decisions of duly authorized boards of the city concerning the provisions of the codes, ordinances and regulations within their respective jurisdictions.

(j)

The special master shall have powers consistent with F.S. ch. 162 to adopt rules for conduct of its hearings; subpoena to its hearings alleged violators, witnesses and evidence; take testimony; and issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance.

(Ord. No. O-04-13, § 1(Exh. A), 5-24-04; Ord. No. O-14-03, § 1, 1-27-14)