§ 22-35. Hearing.

(a)

General. No member of the board shall have the power to initiate enforcement proceedings under this chapter. If a violation of any provision of the Code of Laws is found, the code inspector shall notify the violator and specify a reasonable time to correct the violation. If the violation is corrected and then recurs or if the violation is not corrected by the time specified the code inspector may so notify the violator, but is not required to give the violator a reasonable time to correct the violation. If a violation is not corrected within the time specified, the code inspector shall request a hearing before the board.

(b)

[Notification.] If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify the board and request a hearing. The case may be presented to the board even if the repeat violation has been corrected prior to the hearing, and the notice for the violator shall so state. The matter shall be scheduled for the next available hearing before the board, and notice of the hearing shall be given as provided in section 22-36.

(c)

[Violation presents threat to public welfare.] If the code inspector has substantial reason to believe a violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and immediately notify the board and request a hearing.

(d)

Continuance. The board may continue the hearing from time to time for good cause. The board shall, in all instances, reach a decision within 15 calendar days from the date of the final hearing at which receipt of all evidence has been concluded.

(e)

Postponed hearing. When a quorum if not present, or the board is unable to reach a decision on a case, the hearing shall be postponed until the next scheduled board meeting, with notification provided in accordance with section 22-36 of this chapter.

(f)

Order to comply/order to pay fine. Every order to comply and/or order to pay fine entered by the board shall be executed by the chairperson, or, in the chairperson's absence, the vice-chairperson, and shall be filed in the office of the secretary to the board.

(1)

If, after the conclusion of the hearing, the board finds that a violation does exist, the board may issue an order to comply consistent with the powers granted in this chapter and the Act, with findings and conclusions. An order to comply shall set forth the street address or a description of the structure and/or premises sufficient for identification. An order to comply shall include notice that it must be complied with by a specified date and that an administrative fine may be imposed if the order is not complied with by said date. The order shall state the nature of the violation, and the board shall consider the following factors in determining the content of the order to comply.

a.

Existence or nonexistence of a life, health or other type of hazard to the occupant or others in the building or premises;

b.

Severity of the hazard or negative effect upon the community;

c.

Number and extent of separate items that must be completed in order to bring the building or premises into compliance with the relevant codes;

d.

Length of time the violation (s) has been known to exist and the amount of time the code inspector has previously given for compliance;

e.

The existence or nonexistence of mitigating factors which caused the building or premises to be in violation or which may affect the amount of time for compliance.

f.

The board may divide the violation (s) into groups requiring compliance at various intervals, with inspections to be conducted at each stage by the code inspector.

(2)

An order to pay fine shall specify the fine amount as determined and voted upon by the board, as well as the date and time the fine is due. A certified copy of such order may be recorded in the public records of Fulton 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 to pay fine is recorded in the public records pursuant to this subsection and the fine is paid by the date and time specified in the order, the board shall issue an order acknowledging that the fine has been paid in full and such order shall be recorded in the public records. A hearing is not required to issue such an order acknowledging the payment of a fine.

The board may issue an order to pay a fine against the violator if the cited violation was not corrected within the time specified on the code inspector's notice or if an order to comply was not satisfied within the time specified in said order, even if said violation was corrected and brought into compliance prior to the hearing at which the fine was imposed.

(Ord. No. 05-0290, Exh. A, 2-16-05)