.010 Any owner of property in receipt of a Notice to Destroy Noxious Growth and/or Remove Refuse and having any objections or protests to the removal, destruction and abatement of noxious growth and/or refuse (as the case may be) is hereby notified to file a written statement of such objections or protests, specifying the address or description of the property concerned, the reasons for objections, accompanied by any required fee or fees established by resolution of the City Council, and the name, address, phone number (if any), email address (if any), and status (owner, manager, lessee, tenant, or other) of the objector and any authorized representatives of the objector, which statement must be received by the City Clerk within five (5) calendar days of the date the written notice is served upon the owner.
.020 Upon receipt of a written statement from the owner setting forth objections or protests, the City Clerk shall designate an “Employee Hearing Officer” or, if the City Attorney shall consent, a “Stipulated Hearing Officer”, as said terms are defined in subsection .010 of Section 1.12.110 (Appointment of Hearing Officer) of this code (each of these is hereinafter referred to as the “Hearing Officer”), to hear the objections or protests at an administrative hearing and will serve notice upon the owner of the time and place of the date at which said Hearing Officer will hear and consider such objections or protests. Such hearing shall not be sooner than three (3) days after such notice has been served upon the owner.
.030 On the date and at the time and place stated in the notice served upon the owner by the City Clerk, the Hearing Officer shall hear and consider all objections to the proposed removal and abatement of conditions. The Hearing Officer may continue the hearing from time to time.
.040 The failure of the objector to appear at the hearing shall constitute a failure to exhaust his or her administrative remedies.
.050 At the conclusion of the hearing, the Hearing Officer shall issue a decision, based on the preponderance of evidence, to uphold or overturn the determination of the designated officer. If the Hearing Officer upholds the determination of the designated official, he or she may direct the owner of the property upon which the noxious growth or refuse exists to abate it within seven (7) days after the date of the service of the order of the Hearing Officer or within such additional time as the Hearing Officer may grant if, in his or her opinion, good cause for an extension exists (herein referred to as the “abatement order”). If the determination of the designated officer is not upheld by the Hearing Officer, he or she may remand the matter to the designated officer with directions to modify or withdraw the notice.
.060 The abatement order shall specify that, unless the noxious growth and/or refuse is removed and abated within seven (7) days (or such longer period of time as the Hearing Officer may grant) after the date of the service of the abatement order upon the owner, the designated officer is authorized and ordered to abate same and, if necessary, to enter upon or onto the private property of the owner without further notice or liability therefor in order to remove, destroy and abate the noxious growth and/or refuse. The designated officer shall serve by registered or certified mail, return receipt requested, postage prepaid, a copy of the abatement order forthwith upon those persons who have filed written statements of objections. The abatement order shall include notification of the owner’s right to appeal the decision of the Hearing Officer.
.070 The decision of the Hearing Officer shall be final and conclusive unless appealed in accordance with Section 6.16.050. (Ord. 6430 § 1 (part); March 6, 2018.)