Any person ordered to abate a nuisance may have a hearing with the Building and Neighborhood Services Official as to whether a nuisance exists.  A request for a hearing must be made in writing and delivered to the Building and Neighborhood Services Official ordering the abatement within the time stated in the notice, or it will be conclusively presumed that a nuisance exists and it must be abated as ordered.  At the conclusion of the hearing, the hearing officer shall render a written decision as to whether a nuisance exists.  If the officer finds that a nuisance exists, the officer must order it abated within an additional time, which must be reasonable under the circumstances.  An appeal from this decision may be had by immediately filing a written notice with the hearing officer.  This appeal will be heard before the Housing Board of Appeals (see § R112 International Residential Code 2006 as adopted by the city) at a time and place fixed by the Board.  At the hearing the officer, designee or employee and the person to whom the notice of abatement was issued are parties to the hearing and each may testify, call witnesses and offer evidence and argument relevant to the issues described by or contained within the notice of abatement.  The findings of the Board shall be conclusive and, if a nuisance is found to exist, it shall be ordered abated within a reasonable time under the circumstances.
(Ord. 2414, passed 7-13-2010)