(A) Upon receipt of a timely request for appeal, the Chief Executive Officer shall set a date and time for hearing the appeal and shall give notice thereof to the appellant at the address set forth in the request for appeal. A copy of said notice shall also be sent to the owner(s) of the subject property, if the owner(s) is not the appellant. Such notices shall be sent by registered or certified mail, provided, however, that if such registered or certified mail is refused, the order may then be served by first class mail.
(B) At the hearing, the hearing officer shall consider all relevant evidence and shall give all interested parties a reasonable opportunity to be heard. An appellant's failure to attend the hearing shall constitute an abandonment of the request for appeal and a failure to exhaust administrative remedies.
(C) Within five working days of the conclusion of the hearing, the hearing officer shall determine, based upon the evidence presented at the hearing, whether then notice of abatement shall be upheld, and shall give written notice of his or her decision to the appellant, to the owner of the property (if such person is not the appellant), and to any other person who has filed a written request for such notice. If the order of abatement is upheld in whole or in part, the notice of such decision shall constitute a revised order of abatement and shall contain:
(1) A description of the real property in general terms reasonably sufficient to identify the location of the property;
(2) A description of the condition(s) creating the nuisance(s);
(3) A description of the action(s) required to abate the nuisance(s); and
(4) The time period within which such abatement action(s) must be completed. The revised order of abatement shall be served personally or by registered or certified mail, provided, however, that if such registered or certified mail is refused, the revised order of abatement may then be served by first class mail.
(D) The decision of the hearing officer shall be final and conclusive.
(Ord. 1281, passed 3-1-06)