§ 5-1.305 ABATEMENT HEARING; PROCEDURE.
   (A)   At the time and place set for the hearing, the Administrative Review Panel or a Hearing Officer, as determined by the City Manager, shall hear and consider all relevant evidence, including, but not limited to, applicable staff reports, objections, or protests relative to the existence of the alleged public nuisance and/or the manner proposed for abatement thereof. The owner may present relevant evidence to show cause why the alleged public nuisance should not be abated and why any costs incurred by the city for the abatement thereof should not constitute a special assessment against the premises. The hearing may be continued from time to time, without further written notice. The hearing shall not be bound by the formal rules of evidence.
   (B)   Upon the conclusion of the hearing, the Administrative Review Panel or Hearing Officer shall, based upon the evidence presented, determine whether the premises, or any part thereof, as maintained, constitutes a public nuisance. If the Hearing Officer, or Administrative Review Panel by a majority vote of the members present, finds that a public nuisance exists, then the Administrative Review Panel or Hearing Officer shall issue an order of abatement, which shall direct and order the nuisance abated within the time, and in the manner, set forth in the order, and that all abatement costs that may be incurred by the city to abate the nuisance, if necessary, shall constitute a special assessment against said premises. This determination shall be final.
('66 Code, § 5-1.305) (Ord. 118-C-S, passed 6-10-70; Am. Ord. 776-C-S, passed 4-12-90; Am. Ord. 870-C-S, passed 10-28-93; Am. Ord. 937-C-S, passed 3-24-98; Am. Ord. 2022-C-S, passed 2-10-09)