§ 71-36. Instituting administrative adjudication proceedings.

(a)

Any authorized department or agency of the city may institute an administrative adjudication proceeding by forwarding a copy of the notice of blight violation and a notice of hearing, which has been properly served on the respondent, to the administrative hearings bureau.

(b)

A violation notice shall be treated as made under oath if the violation alleged in the notice occurred in the presence of the authorized local official signing the violation notice and includes the information set forth in subsection 71-38(b). If the violation did not occur in the presence of the authorized local official signing the violation, the official may issue the violation if, based upon investigation, the official has reasonable cause to believe that the person is responsible for a blight violation and if the city attorney or an assistant city attorney approves in writing the issuance of the violation notice.

(c)

The city shall not issue a blight violation notice during a rental inspection program inspection of either a multiple dwelling or a one- or two-unit rental dwelling if the landlord is properly registered with the rental inspection program, unless either of the following occurs:

(1)

The landlord is given a written correction notice of the violation and a reasonable opportunity to correct the circumstances before a re-inspection of the premises or a date specified in the notice, or

(2)

The violation is a direct result of the landlord's action or inaction and creates an emergency that presents an immediate risk of harm to people or damage to property, including, but not limited to, a flooded basement or premises without heat.

(d)

The person served with the notice of blight violation and notice of hearing must be notified in writing whether the person can admit responsibility and pay the blight violation at the administrative hearings bureau prior to appearing at the hearing or whether appearance at the hearing is required.

(e)

The person served with the notice of blight violation and notice of hearing shall be notified in writing whether the scheduled hearing is an informal AHB hearing or a formal AHB hearing.

(Ord. No. 1130, § 1, 8-17-2010; Ord. No. 1204, § 1, 12-3-2013)