§ 141.05  REQUEST FOR HEARING.
   (A)   Request for Hearing. A property owner may request a hearing before a City Administrative Adjudication Hearing Officer upon receipt of a declaration of chronic nuisance property or notice of violation regarding the action plan. A request for hearing must be filed with the City Clerk and must:
      (1)   Be in writing;
      (2)   Provide a short, plain statement identifying the factual, procedural or legal error upon which the request for hearing is based; and
      (3)   Include a copy of the declaration of chronic nuisance property or notice of violation.
   (B)   Time for filing a request for hearing. A request for hearing must be filed with the City within 15 days from the date of the declaration of chronic nuisance property or 15 days from the date of the notice of violation regarding the action plan.
   (C)   Waiver of right to contest. If the owner of a chronic nuisance property fails to file a timely request for hearing, the property owner is deemed to have waived the right to contest the declaration of chronic nuisance property or notice of violation.
   (D)   Hearing. Upon receipt of a timely request, the City must schedule a hearing. The hearing is limited to a review of the record or evidence upon which the City based its declaration of chronic nuisance property, including any evidence submitted by the property owner to rebut the City's evidence; or notice of violation regarding the action plan.
   (E)   Decision. After reviewing the record and evidence upon which the City based its determination and the evidence submitted by the property owner, the Hearing Officer must either uphold or reject the declaration of chronic nuisance property or notice of violation regarding the action plan, as appropriate. The decision of the Hearing Officer must be in writing and is deemed final. If the Hearing Officer upholds the notice of violation, the Hearing Officer must immediately enter a chronic nuisance service order under § 141.06. If the Hearing Officer rejects the notice of violation, the Hearing Officer must identify the factual, procedural, or legal error upon which the decision is based. Notwithstanding, the property owner must submit and implement an action plan under § 141.03 if the Hearing Officer finds that a pattern of nuisance activity occurred at the property.
(Ord. 9050, passed 5-3-16)