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§ 15.212.050 HEARING BEFORE DIRECTOR.
   At the time, date and place of the hearing to be conducted to determine whether or not a public nuisance exists, as defined in this chapter, the Director shall consider the evidence available, including, but not limited to, applicable staff reports and related material. The Director shall give any interested person a reasonable opportunity to be heard in connection therewith. Based upon the evidence so presented at the hearing, the Director shall determine whether a public nuisance exists.
('61 Code, § 18C.7) (Ord. 764, passed - - )
§ 15.212.060 ORDER TO ABATE.
   In the event the Director determines that a public nuisance exists, as defined in this chapter, the decision shall be final and conclusive in the absence of an appeal as provided in this chapter. The Director shall, within five (5) working days after the close of the hearing, provide written notice of the decision to the owner or other person in charge or control of the premises and to any other person requesting the same. The notice of decision shall contain an order of abatement, if a nuisance is found to exist, and shall set forth the nature of the nuisance, its location and the time and manner for its abatement and shall be, served in accordance with the provisions of § 15.212.040.C.1.b. Where an appeal is filed as provided in this chapter, such order of abatement shall be suspended pending the review of such determination in the manner set forth in this chapter.
('61 Code, § 18C.8) (Ord. 764, passed - - )
§ 15.212.070 APPEAL.
   A.   The owner or other person in control or in charge of the property may appeal the decision of the Director to the City Council. Any such appeal shall be filed with the City Clerk, in writing, within ten (10) business days from the date the notice of decision is issued by the Director in accordance with the provisions of § 15.212.060. The appeal, in writing, shall be accompanied by the fee required for the taking of any such appeal, which fee shall be set by the City Council by resolution. Upon the receipt of an appeal in writing, with the appropriate fee therefor, the City Clerk shall set the appeal for a hearing before the City Council.
('61 Code, § 18C.9)
   B.   At the time and place set for the appeal hearing before the City Council, the City Council shall review the decision of the Director and shall afford the appellant a reasonable opportunity to be heard in connection therewith. Upon consideration of the evidence presented to the Council at the hearing on the appeal, the City Council may sustain the action of the hearing officer, modify the action with respect to any particulars set forth in the order to abate issued by the hearing officer or may find that no public nuisance exists. The City Council may continue the hearing on the appeal from time to time if such continuance is deemed warranted in the Council's sole discretion.
   C.   Upon conclusion of the hearing before the City Council on the appeal, the City Council shall, within thirty (30) days, issue its resolution making its findings and determinations with respect to the appeal. The resolution, in the event that Council determines that a public nuisance exists, shall set forth the nature of the nuisance, its location and the time and manner for its abatement. The decision of the City Council shall be final and conclusive.
('61 Code, § 18C.10)
(Ord. 764, passed - - )
§ 15.212.080 NOTICE OF CITY COUNCIL DETERMINATION.
   A copy of the resolution adopted by the City Council shall be mailed to the owner, or other person in control or in charge of the premises within five (5) working days after the adoption thereof in accordance with § 15.212.040.C.1.b.
('61 Code, § 18C.11) (Ord. 764, passed - - )
§ 15.212.090 OWNER TO ABATE.
   Upon issuance of an order to abate by the Director, in accordance with the provisions of § 15.212.060 or, in the event of an appeal, upon the mailing of notice of the City Council's determination concerning any appeal, the owner or other person in charge or in control of the property shall comply with any such order to abate in accordance with the terms, conditions, timeliness and methods of abatement set forth therein.
('61 Code, § 18C.12) (Ord. 764, passed - - )
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