CODE HEARING COMPLAINTS
Administrative Rule Adopted by Bureau Pursuant to Rule-Making Authority
To standardize the preparation of files and Code Complaints, to coordinate violations from all sections concerning a single properly, to establish the role of the Code Compliance section in reviewing and submitting complaints to the Code Hearings Office:
A. Staff Role
1. Type Complaint Form. Item (2) on Complaint Form (nature and date(s) of violations) must include specific violations, identify City-Code or Specialty Code sections, and date(s) of inspections on which violations were verified. Only names of respondents should appear at the. top of the forms; do not place addresses here or names of people who are not actually respondents.
2. Prepare list (handwritten is fine) of all named respondents with mailing addresses. For corporations, obtain Registered Agent name h m State Corporation Commission, 1-503-986-2200. Show mailing addresses from Assessment & Taxation printouts or h m permits; show any other addresses that may be known.
3. Make copies of all inspection reports, permits, and correspondence. Material should show dates of inspection, nature of contacts, dates of notification. Provide copies of any other material related to the case such as prior permits or zoning documents (variances, conditional use permits, etc., having conditions attached). Arrange materials in chronological order of action taken.
4. Provide an ownership printout for the properly. For zoning violations, provide a GARTH printout of the property identifying current zoning of the site.
5. Include photographs when necessary (required for Dangerous Building cases, most Zoning Violation cases, and most Housing cases).
6. Present assembled materials to the section supervisor for review. Attach a routing slip to be initialed when approved by supervisor. Supervisor will deliver the file to the appropriate division manager- for review/approval and forward to the bureau director for review/approval.
7. Upon return of the file from bureau director, inspector will sign and date the Complaint Form. The original Complaint Form, plus two copies and the mailing list will be submitted to the Code Hearings Office, which will assign a Hearing Number and Date. The Complaint Form, plus one copy and the mailing list will be returned to the Code Compliance section for mailing.
B. Code Compliance Section Role
1. Following return of the Complaint forms from the Code Hearings Office, the Code Compliance Clerk will prepare the Return of Service form and mail the Notice(s) of Hearings to respondent(s). Return of service forms will be submitted to the Code Hearings Office.
2. A copy of the Complaint/Notice of Hearings forms will be given to the initiating inspector.
3. The Code Compliance Office or designee will present Code Hearings cases concerning zoning, building, electrical, plumbing, or mechanical violations. Until further notice, Housing Code or Dangerous Building Code violation cases will continue to be presented by the initiating inspectors. Inspectors may be called as witnesses at Hearings if necessary to establish evidence.
4. The initiating inspector will receive a copy of any Order issued as a result of a Hearing.
5. All dismissals, motions, stipulated agreements, or other communications about Hearings cases will be submitted through the initiating inspector or staff.
Filed by Bureau of Development Services for inclusion in PPD September 29, 2004.
Originally published as Office of Planning & Development Review Procedure No. B-1-10 dated March 23, 1989 and revised September 10, 2001.