As used in this Division, unless the context requires otherwise: (a) "Code" means any municipal ordinance that pertains to or regulates: sanitation practices; forestry practices; the attachment of bills or notices to public property; the definition, identification and abatement of public nuisances; and the accumulation, disposal and transportation of garbage, refuse and other forms of solid waste in a municipality. (b) "Sanitation inspector" means a municipal employee authorized to issue citations for code violations and to conduct inspections of public or private real property in a municipality to determine if code violations exist. (c) "Property owner" means the legal or beneficial owner of an improved or unimproved parcel of real estate. (d) "Hearing officer" means a person other than a sanitation inspector or law enforcement officer having the following powers and duties: (1) to preside at an administrative hearing called to determine whether or not a code violation exists; (2) to hear testimony and accept evidence from the sanitation inspector, the respondent and all interested parties relevant to the existence of a code violation; (3) to preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing; (4) to issue and sign a written finding, decision and order stating whether a code violation exists; and (5) to impose penalties consistent with applicable code provisions and to assess costs reasonably related to instituting the proceeding upon finding the respondent liable for the charged violation, provided, however, that in no event shall the hearing officer have the authority to impose a penalty of incarceration. (e) "Respondent" means a property owner, waste hauler or other person charged with liability for an alleged code violation and the person to whom the notice of violation is directed. (f) "Solid waste" means demolition materials, food and industrial processing wastes, garden trash, land cleaning wastes, mixed refuse, non-combustible refuse, rubbish, and trash as those terms are defined in the Solid Waste Disposal District Act. (g) "Waste hauler" means any person owning or controlling any vehicle used to carry or transport garbage, refuse or other forms of solid waste. determine whether or not a code violation exists; sanitation inspector, the respondent and all interested parties relevant to the existence of a code violation; hearing and all exhibits and evidence introduced at the hearing; order stating whether a code violation exists; and code provisions and to assess costs reasonably related to instituting the proceeding upon finding the respondent liable for the charged violation, provided, however, that in no event shall the hearing officer have the authority to impose a penalty of incarceration.
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