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 Lake County
 Code of Ordinances
 Chapter 8. CODE ENFORCEMENT SPECIAL MASTER

  § 8-6. Public hearings.  

Latest version.

  • (a)

    Upon request of the code enforcement manager, a hearing in front of the special master may be scheduled. Minutes shall be kept of all hearings before the special master and proceedings shall be open to the public. The alleged violator shall be given at least ten (10) days' written notice of the hearing, pursuant to the provisions of section 8-5. The special master shall comply with the quasi-judicial and ex parte requirements as set forth in Chapter XIV, Land Development Regulations.

    (b)

    Each case before the special master shall be presented by the county.

    (c)

    The special master shall proceed to hear cases on the agenda for the day of the scheduled hearing. All testimony shall be under oath or affirmation, and shall be recorded. The special master and clerk shall have power to administer oaths and affirmations. The county and the alleged violator shall have the right to call and examine witnesses, introduce exhibits, cross-examine opposing witnesses, impeach witnesses and rebut evidence. All persons appearing before the special master shall be sworn in prior to giving any testimony relevant to the case. However, hearings shall be informal and need not be conducted according to technical rules of evidence.

    (d)

    Any relevant evidence shall be admitted if determined by the special master to be the sort of evidence upon which reasonable and prudent persons are accustomed to rely in the conduct of their affairs, regardless of the existence of any common law or statutory rule which, might make such evidence inadmissible in civil actions. Hearsay evidence may be used to supplement or explain other evidence, but shall not be sufficient in itself to support a finding of fact unless it would be admissible over objection in a civil action. The special master may exclude irrelevant or unduly repetitious evidence.

    (e)

    After the conclusion of the hearing, if enforcement action is necessary, the special master shall issue findings of fact and conclusions of law in the form of an order of enforcement, which shall command whatever steps are necessary to bring a violation into compliance by the time set in the order. The order of enforcement may include a notice that it shall be complied with by a specified date, and that a fine may be imposed if the order is not complied with by such date. A certified copy of such order of enforcement 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 of enforcement is recorded in the public records pursuant to this section, and the order is complied with by the date specified in the order, the special master shall issue an order acknowledging compliance, which shall be recorded in the public records of the county.

    (f)

    The recording secretary for the special master shall serve as clerk to the special master, and shall maintain all official records and orders of the special master.

(Ord. No. 2004-15, § 2, 3-16-04; Ord. No. 2009-48, § 3, 9-1-09)