A. Hearing Required: In the event that the activity or use of the property is not a specified nuisance as declared in section 4-1-1 of this chapter, the City Attorney or designee shall set the matter for a hearing before the City Council and shall notify the owner or agent of the owner or occupant of the property by personal service, certified mail or substituted service, of the grounds for declaring the use of the property a nuisance and the date of the hearing before the City Council, which date shall in no event be less than ten (10) days from the receipt of notice of intent to seek a declaration of nuisance. Failure to receive a notice sent or served shall not invalidate the nuisance declaration resolution.
B. Conduct Of Hearing: At the hearing before the City Council the property owner, or agent of the owner or occupant of the property may present evidence, call witnesses and be represented by counsel.
C. Order Of Abatement; Failure To Comply: In the event the City Council resolves that the specific use of property is a nuisance, the City Council shall, by resolution, order the abatement or removal of the nuisance within a time period specified in the resolution. Should the owner, agent or occupant of the property fail to abate or remove the nuisance within the time period set by the City Council, the City shall proceed to abate the same and cause the costs of abatement to be assessed to the property in the manner prescribed by Idaho Code. (1952 Code § 8-08-03)