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 Cincinnati
 Code of Ordinances
 Title XV. CODE COMPLIANCE AND HEARINGS

  § 1501-17. Hearings.  

Latest version.

  • A person may request a hearing before a hearing examiner to contest the commission of a civil offense, to offer an explanation of the circumstances, or to offer proof of correction. The request shall be filed with the office of administrative hearings which shall set a date for the hearing and notify the person, in writing, of the date, time and location of the hearing. The hearing examiner shall conduct a public hearing on all civil violations whenever the person charged requests a hearing. The hearing shall be held within ten days after the filing of the request, unless the delay is agreed to by the person charged and by the city officer or employee who issued the charge or is necessary in the interest of justice.

    The hearing examiner shall enter into the record of the proceedings the notice of civil offense and civil fine, the filing of or failure to file an answer, the substance of the answer, a finding of liability, the civil fine due, payments, delinquency and collection charges, and other relevant information.

    At the hearing, all testimony shall be under oath. The person charged may:

    (a)

    Present positions, arguments, and contentions;

    (b)

    Offer and examine witnesses and present evidence in support;

    (c)

    Cross-examine witnesses;

    (d)

    Offer evidence to refute evidence and testimony offered in opposition; and

    (e)

    Proffer any such evidence into the record, if the admission of it is denied by the hearing examiner.

    The hearing examiner shall issue a decision and make findings of fact from the record and conclusions of law in support of the decision within ten days from the close of the hearing. The findings and conclusions shall demonstrate that the decision is consistent with applicable laws, ordinances and regulations and the interests of justice. Any unpaid civil fine is due and must be paid within ten days after the determination of the examiner, or the fine is deemed delinquent.

    If the person served has taken an administrative appeal authorized by the Cincinnati Municipal Code from an order on which the offense was based, the hearing examiner must extend the time for answering the notice of civil offense until the appeal has been finally resolved.

(Ord. 241-1996, eff. Sept. 6, 1996; a. Ord. No. 393-1996, eff. Dec. 18, 1996; a. Ord. No. 219-2000, eff. June 14, 2000; a. Ord. No. 367-2000, eff. Oct. 4, 2000)