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<br />~ 14-10. Scheduling and conduct of hearing. <br /> <br />M. If the named violator is found guilty of the violation, s/he shall be held liable for the <br />reasonable cost of the administrative hearing cost, at the discretion of the Special Master, <br />of no less than $75. <br /> <br />N. The fact finding determination of the Special Master shall be limited to whether or not the <br />violation alleged occurred, and, if so, whether the person named in the civil violation <br />notice may be held responsible for that violation. Based upon this fact finding <br />determination, the Special Master shall either affirm or reverse the decision of the Code <br />Enforcement Officer. If the Special Master reverses the decision of the Code <br />Enforcement Officer and finds the named violator not responsible for the Code violation <br />in the alleged civil violation notice because the department did not present substantial <br />competent evidence to indicate that such violator is responsible for the violation, then, <br />and in that case, the named violator shall not be liable for the payment of any civil <br />penalty, absent reversal of the Special Master's findings pursuant to any circuit court <br />appeals. <br /> <br />O. The decision of the Special Master affirming the decision of the Code Enforcement <br />Officer shall include the following elements: <br /> <br />(1) Amount of civil penalty. <br /> <br />(a) Prescribed in the schedulea of civil penalties as adopted herein. <br /> <br />(b) Gravity of the violation. <br /> <br />(c) Actions taken to correct said violation. <br /> <br />(d) Any previous violations committed by the violator of a similar nature. <br /> <br />(e) The Special Master may reduce the fine amount imposed. mitigate the <br />amount of civil penalties assessed in an amount up to but not in excess of <br />fifty percent (50%) of the total amount of civil penalty, not including <br />administrative costs. Provided however, in no case shall mitigation occur <br />prior to satisfactory correction of the violation or other permanent <br />disposition of the building or property that obviates the need for correction. <br />The administrative costs of the hearing shall not be subiect to mitigation at <br />any time. <br /> <br />(2) Administrative costs of the hearing, which shall represent the costs incurred by the <br />City in preparation for the specific hearing, shall be no less than $75. <br /> <br />(3) Date by which the violation must be corrected to prevent resumption of continuing <br />violation penalties, if any. <br /> <br />Words added underlined, words stfWkeI1 deleted (ed) <br /> <br />Page 2 of 4 <br />