§ 6-71. Investigation and hearing procedure.

(a)

Upon receiving a written complaint from a consumer or governmental agency, or if the building services division has reasonable cause to believe that a state certified contractor has committed fraud or a willful building code violation, the building services division shall initiate an investigation. Failure to comply with an order of the building official will be construed as a willful violation.

(b)

If the investigation determines that fraud or a willful building code violation has occurred, the building department shall, unless mediated, file an administrative complaint with the board of building examiners, if applicable. If an administrative complaint is filed against a state certified contractor, the board of building examiners shall hold a public hearing to determine if disciplinary action should be taken against the contractor and if so, specify the action. Each administrative complaint shall provide, as a minimum, the following information:

(1)

The name and address of the contractor being charged.

(2)

A clear statement of the violations charged.

(3)

A clear statement of the factual basis for the charges.

(4)

A recommendation to the board of building examiners for action to be taken against the contractor.

Copies of contracts, drawings or specifications shall be attached as an exhibit to the complaint.

(c)

Upon the filing of an administrative complaint, the alleged violator will be notified that the board will conduct a public hearing to investigate the allegations in the complaint by certified mail, return receipt requested or by hand delivery by the sheriff or other law enforcement officer or code enforcement officer. The alleged violator shall be given at least ten (10) days written notice prior to the date of the public hearing. Each contractor shall be responsible for keeping his/her current mailing address on file with the building official. The building official shall be responsible for timely mailing or delivering a notice of hearing to the contractor.

(d)

Lake County or the contractor may request a thirty-day postponement of a scheduled public hearing. A request for a postponement must be made in writing at least five (5) days prior to the scheduled hearing date. The building official may grant or deny a request for postponement, but in no event shall the building official postpone a hearing for more than sixty (60) days from the initially scheduled hearing date. The building official shall notify the contractor of the rescheduled hearing date in writing, sent by regular mail to contractor's current mailing address on file with the County.

(Ord. No. 2016-04, § 2, 2-2-16)