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Municipal code violations and tickets

Housing code violations

If you are contesting a Housing or Get Tough ticket, you must be the deeded owner of the property to which the ticket was issued to testify.  If you are not the deeded owner, you must have notarized authorization to testify (unless the owner is appearing with you).  See "Authorization Forms for Others' Appearance" section below to obtain a form. Hearings for HC/GT tickets are held on Mondays only.

Beginning July 1, 2022  

Hearings for a housing code violation, in most cases, may be requested up to one year after a default judgment has been entered, given that a first hearing had never been scheduled.  However, no person may request a new hearing after April 1, of the following year.  Default Judgments are entered if you fail to appear for your scheduled hearing.  Once a default judgment has been entered, a new hearing will not be granted unless you provide a reasonable excuse.  The decision to grant a new hearing after a default judgment has been issued, is solely in the discretion of the Hearing Examiner.  If you wish to have your case reopened, within the allowable timeframe following the default judgment, you must submit a Motion to Vacate form.  There is a non-refundable $50 application fee required in order for the Hearing Examiner to review your case and determine if the case will be reopened.  Note: Approval for the reopening of a case is not guaranteed. 

It is recommended that you call to schedule your hearing within 30 days from the date the ticket was issued, to avoid any penalty fees being added and/or the need to file a Motion to Vacate.  You will be allowed one reschedule as long as your request is received prior to the original hearing date.  If your original hearing date is rescheduled and you fail to appear, a default judgment will be entered and you will need to file a Motion to Vacate and pay the $50 fee. 

Other municipal code violations

If you are contesting any other Municipal Code ticket, i.e. dog ticket, anti-noise, fire code, etc., the ticket must be issued in your name (Respondent) to testify.  If you are not the Respondent, you must have notarized authorization to testify (unless the owner is appearing with you).  See "Authorization Forms for Others' Appearance" section below to obtain a form. Hearings for these municipal code tickets are held on Wednesdays only.

Begining July 1, 2022

Hearings for a municipal code violation may be requested up to one year after a default judgment has been entered, given that a first hearing had never been scheduled.  Default Judgments are entered if you fail to appear for your scheduled hearing.  Once a default judgment has been entered, a new hearing will not be granted unless you provide a reasonable excuse.  The decision to grant a new hearing after a default judgment has been issued, is solely in the discretion of the Hearing Examiner.  If you wish to have your case reopened, within the year following the default judgment, you must submit a Motion to Vacate form.  There is a non-refundable $50 application fee required in order for the Hearing Examiner to review your case and determine if the case will be reopened.  Note: Approval for the reopening of a case is not guaranteed. 

It is recommended that you call to schedule your hearing within 30 days from the date the ticket was issued, to avoid any penalty fees being added and/or the need to file a Motion to Vacate.  You will be allowed one reschedule as long as your request is received prior to the original hearing date. If your original hearing date is rescheduled and you fail to appear, a default judgment will be entered and you will need to file a Motion to Vacate and pay the $50 fee.

Ex-parte hearing 

If you live outside of Monroe County or if it is not possible for you to appear in person, you may request an ex-parte hearing by submitting your testimony in writing.  Please note that with an ex-parte hearing, there is no interaction with the Hearing Examiner. The Examiner will read your testimony, look at any evidence provided by you, and make his/her decision based on the facts before him/her. Please provide all evidence in hard copy form to substantiate your case.  All evidence will remain in the case file. You must send a letter by mail, to our office, specifically requesting an ex-parte hearing, stating the reason you are unable to appear in person and stating the reason you are not guilty of the violation. Please include the ticket number and/or plate number of the vehicle or the ticket number and/or property address the ticket was issued to. Submit your request before 30 calendar days to avoid additional penalties.  Mail your testimony and supporting documents to the address above with “ATTN:  Ex-Parte Hearing Examiner”.

Appeals process 

If you feel the Hearing Examiner made an error in the fact of law, you have the right to appeal the determination only if your plea at the hearing was Not Guilty.  You must file your request for appeal within thirty (30) calendar days from the date of your original hearing on this matter.  You must also state the reason for your appeal on the back of the Appeal Request Form.  Appeal hearings are held on the third or fourth Thursday of every month.

Municipal

If the property manager is a company, the company must submit proof that the individual appearing for the hearing is employed by the company and must submit notarized authorization for the individual to appear on the company’s behalf.