(A) Upon receiving a request for a hearing pursuant to this chapter, the hearing shall be set before the Mayor or a designated official who was not involved in the determination to declare that a public nuisance existed. Notice of the hearing shall be given to the person requesting the hearing and to the Police Chief, or to the official who issued the notice, at least five days prior to the hearing. No other notice shall be required. A request for hearing under this chapter stays all enforcement proceedings until an order of the Mayor, or other city official who was not involved in the declaration of nuisance, is entered.
(B) (1) At any hearing, the city and the person to whom the notice has been directed may introduce such witnesses and evidence as either deems necessary.
(2) The Mayor, or his or her designee who was not involved in the determination to declare that a nuisance existed, shall determine either that there exists such a nuisance as defined herein or that there does not exist a nuisance as defined herein.
(3) The Mayor, or his or her designee who was not involved in the determination to declare the nuisance, shall issue a written order either finding the existence of a nuisance or finding that a nuisance does not exist. The individual who conducts the hearing shall be authorized to allow the person who requested the hearing additional time to come into compliance. The Mayor or his or her designee shall state in his or her order the findings of fact on which he or she based his or her decision and remit copies of those findings to the property owner and to the Police Chief and the City Clerk.
(Prior Code, § 15-516) (Ord. 2008-03, passed 7-7-2008)