City of Port Huron, MI Administrative Hearings Bureau

Any blight or blighting factors violation as set forth in § 22-34.

A violation of the Property Maintenance Code as set forth in Chapter 10, Buildings and Building Regulations, Article II.

Any violation as set forth in Chapter 10, Building and Building Regulations, Article V.

Any violation as set forth in Chapter 52, Zoning.

BLIGHT VIOLATION NOTICE

A notice of a blight violation and may be in the form of a ticket or other written notice. Notices may be served and are deemed to be served on the date the notice was personally delivered, deposited in the United States Mail, personally left at the premises or posted on the premises.

§ 2-902 Administrative Hearings Bureau.

[12-9-2013 by Ord. No. 1357]

The City hereby establishes an Administrative Hearings Bureau, pursuant to MCL 117.4q. The Administrative Hearings Bureau will consist of and operate through an individual administrative hearing officer or officers, as set forth in § 2-903.

§ 2-903 Administrative hearings officers.

[12-9-2013 by Ord. No. 1357]

Appointment and compensation. An administrative hearing officer shall conduct the adjudicatory hearings of the Administrative Hearings Bureau provided for herein. The City Manager shall appoint one or more hearing officers for a term of one year in the manner provided for the appointment of administrative officers in the City Charter; provided, all hearing officers shall be attorneys licensed to practice law in the State of Michigan for at least five years. Administrative hearing officers may be removed from their position for reasonable cause as set forth in MCL 117.4q prior to the expiration of their term. Compensation of administrative hearings officers shall be recommended by the City Manager and set by resolution of the City Council from time to time.

Training. Before conducting administrative hearings, administrative hearings officers shall successfully complete a formal training program which includes the following:

Instruction on the rules of procedure of the administrative hearings that they will conduct.

Orientation to each subject area of the code violations they will adjudicate.

Observation of administrative hearings.

(4)

Participation in hypothetical cases, including ruling on evidence and issuing final orders.

(5)

The importance of impartiality in the conduct of the administrative hearing and adjudication of the violation.

(6)

Instructions on the preparation of a record that is adequate for judicial review.

Authority and duties. The authority and duties of a hearing officer shall include the following:

Hearing testimony and accepting evidence that is relevant to the existence of a blight violation.

Issuing subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon the request of a party or a party's attorney.

Preserving and authenticating the record of the hearing and all exhibits and evidence introduced at the hearing.

(4)

Issuing a determination whether a blight violation exists based upon the evidence presented at the hearing. The determination shall be in writing and shall include written findings of fact, a decision and an order. The City shall have the burden of establishing the responsibility of the alleged violator by a preponderance of the evidence. Unless the burden is met, the matter shall be dismissed. A decision and an order shall not be made except upon consideration of the record as a whole or a portion of the record as may be cited by any party to the proceeding and as supported by and in accordance with the competent, material, and substantial evidence. If the alleged violator fails to appear, and the blight violation notice is sworn, a decision and order of default may be entered. A decision and order finding the alleged violator responsible for the violation shall include a civil fine, if any, or any sanctions or action with which the violator must comply, or both.

(5)

Imposing reasonable and proportionate sanctions consistent with applicable code provisions and assessing costs upon a finding that the alleged violator is responsible for the alleged violation; provided a hearing officer shall not impose a civil fine in excess of $10,000, in the aggregate. The maximum monetary civil fine allowed under this section excludes costs of enforcement or costs imposed to secure compliance with City Code and are not applicable to enforce the collection of any tax imposed and collected by the City.

(6)

In addition to fines and costs imposed, the hearing officer shall impose a justice system assessment of $10 for each blight violation determination. Upon payment, the City shall transmit that assessment to the state treasury as required pursuant to MCL 117.4q(13).

§ 2-904 Blight violation notice.

[12-9-2013 by Ord. No. 1357]

Contents. The City shall issue a blight violation notice to an individual believed to be responsible for a blight violation. The blight violation notice must advise the individual of the nature of the alleged violation, the date of the inspection and the name of the inspector. The notice shall direct the named person to pay a civil fine for the violation or appear at a specific date and time for hearing before the Administrative Hearings Bureau as provided in this section at least 14 days after the date the blight violation notice is served.

Admission of responsibility. If the alleged violator wishes to admit responsibility for the blight violation, the person may do so by appearing in person, by representation or by mail. If appearance is made by representation or mail, the Bureau may accept the admission as though the person personally appeared. Upon acceptance of the admission, a hearing officer may order any of the sanctions permitted pursuant to this article.

Denial of responsibility or admission with explanation. If the alleged violator wishes to deny responsibility for the blight violation, or admit responsibility with an explanation, the person may do so by appearing in person on the date scheduled for the administrative hearing for the purpose of adjudicating the alleged violation.

Prehearing removal or correction of blight violation (fix-it ticket). The blight violation notice may also designate a date by which if a person removes or corrects the blight violation, the inspector may dismiss the blight violation notice. The date of the correction, if any, set forth in the blight violation notice, must be at least 14 days prior to the Administrative Hearings Bureau hearing date. The decision as to whether this option for a prehearing removal or correction is included in the blight violation notice shall be made by the inspector based upon the nature of the violation, the history of prior violations or other relevant factors. At the request of the recipient of a blight violation notice, the inspector may also reschedule the hearing date to provide the person additional time to correct the violation where the person demonstrates a willingness to correct the violation.

(e)

Fines. The fines for blight violations shall be set by resolution of City Council from time to time.

(f)

Waiver of fines. After a decision set forth in § 2-905, the City may waive a fine for a blight violation for a first time offender if the offender corrects the violation.

(g)

Service of a blight violation notice or rescheduled hearing date. A blight violation notice or a rescheduled hearing date may be served by any of the following methods:

Delivering the notice to the owner personally or leaving the notice at his or her residence.

Mailing the notice to such owner at his or her last known address by first-class mail.

If the owner is unknown, posting the notice in some conspicuous place on the premises.

§ 2-905 Hearing.

[12-9-2013 by Ord. No. 1357]

Timing. Hearings shall be scheduled with reasonable promptness, except that for hearings scheduled in all nonemergency situations the alleged violator, if he or she requests, shall have at least 14 days after service of process to prepare for the hearing. For purposes of this subsection, "nonemergency situation" means any situation that does not reasonably constitute a threat to the public interest, safety, or welfare. If service is provided by first-class mail, the fourteen-day period begins to run on the day that the notice is deposited in the mail.

Procedure. A party shall be provided with the opportunity for a hearing during which they may be represented by counsel, present witnesses, and cross-examine witnesses. A party may request the hearing officer to issue subpoenas to direct the attendance and testimony of relevant witnesses and the production of relevant documents. The rules of evidence as applied in a nonjury civil case in circuit court shall be followed as far as practicable, but the hearing officer may admit and give probative effect to evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Irrelevant, immaterial, or unduly repetitious evidence may be excluded. Effect shall be given to the rules of privilege recognized by law. Objections to offers of evidence may be made and shall be noted in the record. Subject to these requirements, the hearing officer, for the purpose of expediting hearings and when the interests of the parties will not be substantially prejudiced thereby, may provide in an administrative hearing or by rule for submission of all or part of the evidence in written form.

Decision. Any decision by a hearing officer that a blight violation does or does not exist constitutes a final decision and order for purposes of judicial review and may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.

Default. If at the time set for a hearing neither the recipient of a blight violation notice, nor his or her attorney of record, appears and the blight violation notice is properly completed and sworn, the administrative hearing officer may find the recipient in default and enter an order of default which includes the sanctions as permitted under § 2-903(c). A copy of the order of default must be served on the party by United States Mail.

(e)

Petition to set aside default. The recipient of a notice of blight violation who is found to be in default may petition the administrative hearing officer to set aside the order of default and set a new hearing date, at any time, if the petitioner establishes that the petitioner was not provided with proper service of process. If the petition is granted, the administrative hearing officer must proceed with a new hearing on the underlying matter as soon as practical. An administrative hearing officer may set aside any order entered by default and set a new hearing date, upon a petition filed within 21 days after the issuance of the order of default, if the administrative hearing officer determines that the petitioner's failure to appear at the hearing was for good cause or, at any time, if the petitioner establishes that the petitioner was not provided with proper service of process. If the petition is granted, the administrative hearing officer must proceed with a new hearing on the underlying matter as soon as practical.

§ 2-906 Appeal.

[12-9-2013 by Ord. No. 1357]

Time to appeal. A party may file a claim of appeal within 28 days after entry of the final decision and order by the hearing officer with the St. Clair County Circuit Court.

Appeal bond. An alleged violator who appeals a final decision and order to circuit court shall post with the Administrative Hearings Bureau, at the time the appeal is taken, a bond equal to the fine and costs imposed. A party who has paid the fine and costs is not required to post a bond. If a party who has posted a bond fails to comply with the requirements of Supreme Court rules for an appeal to the circuit court, the appeal may be considered abandoned, and the Bureau may dismiss the appeal on seven days' notice to the parties. The Administrative Hearings Bureau must promptly notify the circuit court of a dismissal, and the circuit court shall dismiss the claim of appeal. If the appeal is dismissed or the decision and order are affirmed, the Administrative Hearings Bureau may apply the bond to the fine and costs. An appeal by the City must be asserted by the City's Attorney and a bond is not required.

Review on appeal. An appeal to the circuit court shall be a review by the circuit court of the certified record provided by the Bureau. Pending appeal, and subject to the bond requirement provided for herein, the hearing officer may stay the order and any sanctions or costs imposed. Once an appeal is filed, and subject to the bond requirement provided for herein, the circuit court may stay the order and any sanctions or costs imposed. The circuit court, as appropriate, may affirm, reverse, or modify the decision or order of the Bureau, or remand the matter for further proceedings. The circuit court shall hold unlawful and set aside a decision or order of the hearing officer if substantial rights of an alleged violator have been prejudiced because the decision or order is any of the following:

In violation of the Constitution or a statute, Charter, or ordinance;

In excess of the authority or jurisdiction of the agency as conferred by statute, Charter, or ordinance;

Made upon unlawful procedure resulting in material prejudice to a party;

(4)

Not supported by competent, material, and substantial evidence on the whole record;

(5)

Arbitrary, capricious, or clearly an abuse or unwarranted exercise of discretion; and/or

(6)

Affected by other substantial and material error of law.

§ 2-907 Enforcement of order.

[12-9-2013 by Ord. No. 1357]

Payment. All fines and assessments ordered by an administrative hearing officer shall be paid to the City's Treasurer. Any fine, sanction, or cost imposed by an administrative hearing officer's order that remains unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures is a debt due and owing the City and, as such, may be collected in accordance with applicable law, and shall become a lien on the property and assessed as a single lot assessment against such property.

Enforcement. After the expiration of the period in which judicial review may be sought, unless stayed by a court of competent jurisdiction, the findings, decision, and order of an administrative hearing officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction, and may be enforced against assets of the owner other than the building or structure.

Failure to comply. In any case in which a respondent fails to comply with an administrative hearing officer's order to correct a blight violation or imposing a fine or other sanction as a result of a blight violation, any expenses incurred by the City to enforce the administrative hearing officer's order, including but not limited to, attorney's fees, court costs, fines, fees, and costs related to property demolition or foreclosure, after they are fixed by a court of competent jurisdiction or an administrative hearing officer, is a debt due and owing the City. Before an administrative hearing officer assesses any expense, the respondent must be provided notice that states that the respondent must appear at a hearing before an administrative hearing officer to determine whether the respondent has failed to comply with the administrative hearing officer's order. The notice must set the time for the hearing, which may not be less than seven days from the date that notice is served. Notice is sufficient if served by first-class mail and the seven-day period begins to run on the date that the notice is deposited in the mail.