§ 11-1.8. Hearings.  


Latest version.
  • Any person affected by any notice which has been issued in connection with the enforcement of any provision of this section, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Department Head, provided that such person shall file in the Department of Community Development a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served. Upon receipt of such petition, the Department Head shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that upon application of the petitioner the Department Head may postpone the date of the hearing for a reasonable time beyond such ten-day period if, in his judgment, the petitioner has submitted a good and sufficient reason for such postponement. After such hearing, the officer shall sustain, modify or withdraw the notice, depending upon his findings as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with. If the Department Head sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this section shall automatically become an order if a written petition for a hearing is not filed in Department of Community Development within 10 days after such notice is served. The proceedings at such hearing, including the findings and decision of the Department Head, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Township Clerk. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Department Head may seek relief therefrom in any court of competent jurisdiction as provided for by the laws of the State. Whenever the Department Head finds that an emergency exists which requires immediate action to protect the public health or safety, he/she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this section, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Department Head shall be afforded a hearing as soon as possible. After such hearing, depending upon his/her finding as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with, the Department Head shall continue such order in effect, or modify it, or revoke it.

Ord. No. 8-25-69; 1967 Code § 32-5; Ord. No. 0.2.94 § IV