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22.03.010 Authority of the Code Hearings Officer to Adopt Rules, Procedures, and Forms.

City Code Section

(Amended by Ordinance No. 190387, effective May 5, 2021.)

A.  In addition to any procedure set forth elsewhere in this Code, Code enforcement proceedings before the Code Hearings Officer shall be conducted in accordance with the procedure set forth in this Chapter.  The Code Hearings Officer may promulgate rules and regulations, not inconsistent with this Chapter, concerning procedure and the conduct of hearings.

B.  The Code Hearings Officer is authorized to adopt rules, procedures, and forms to implement the provisions of Title 22.

C.  Adoption of Rules.

1.  The Code Hearings Officer may adopt rules pertaining to matters within the scope of Title 22.

2.  Prior to the adoption of any rule by the Code Hearings Officer, reasonable public notice of the proposed rules shall be given not less than 30 days prior to the adoption of such rules.  Such notice shall include a brief description of the proposed rules, the location at which copies of the full text of the proposed rules may be obtained, and the method of submitting written testimony or comment regarding the proposed rules.

3.  Prior to adopting the rules, the Code Hearings Officer shall review and consider all written testimony and comments received and may adopt the proposed rules or modify or reject them.  If a substantial modification of the proposed rules is made, no additional public notice need be given, but notice of the proposed modifications shall be given to all persons submitting written testimony or comments and all other persons requesting such notification, and a reasonable opportunity for additional written testimony and comment shall be provided.

4.  Unless otherwise stated, all rules shall be effective upon adoption by the Code Hearings Officer and shall be filed with the Auditor’s Office.  Copies of all current rules shall be made available to the public upon request.  If any person feels aggrieved by any such rule, they may appeal to the Council for its amendment or repeal by filing with the Auditor a petition which shall be presented to the Council at its next regular meeting.  But until amended or repealed by the Council, such rule shall be in full force and effect.

5.  Notwithstanding Subsections 2. and 3. of this section, the Code Hearings officer may adopt interim rules without prior notice upon a finding that failure to act promptly will result in prejudice to the public interest or to the interest of affected parties.

  Any rule adopted pursuant to this subsection shall be effective for a period of not more than 180 days.