Title 36, Chapter 74, Section 7
( 36-74-7)
(a) Upon request of the code inspector, or at such other times as
may be necessary, the chairperson of an enforcement board may call a
hearing of an enforcement board; a hearing also may be called by
written notice signed by at least three members of seven-member
enforcement board or signed by at least two members of a five-member
enforcement board. Minutes shall be kept of all hearings by each
enforcement board, and all hearings and proceedings shall be open to
the public. The local governing body may provide or assign clerical
and administrative personnel to assist the enforcement board in the
proper performance of its duties. (b) Each case before an enforcement board shall be presented by the
local governing body attorney or by a code inspector or other member
of the administrative staff of the local governing body. (c) An enforcement board shall proceed to hear the cases on the
agenda for that day. All testimony shall be under oath and shall be
recorded. The enforcement board shall take testimony from the code
inspector and alleged violator. Formal rules of evidence shall not
apply, but fundamental due process shall be observed and shall
govern the proceedings. (d) At the conclusion of the hearing, the enforcement board shall
issue findings of fact, based on evidence of record and conclusions
of law, and shall issue an order affording the proper relief
consistent with powers granted in this chapter. The findings and
conclusions shall be by motion approved by a majority of those
members present and voting, except that at least four members of a
seven-member enforcement board, or three members of a five-member
enforcement board, or two members of a three-member enforcement
board, must vote in order for the action to be official. 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 said 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, successors in interest, or
assigns. If an order is recorded in the public records pursuant to
this subsection and the order is complied with by the date specified
in the order, the enforcement board shall issue an order
acknowledging compliance that shall be recorded in the public
records. A hearing is not required to issue such an order
acknowledging compliance. |