A. All hearings under this chapter shall be held before the Public Nuisance Hearing Officer who shall hear and consider all evidence offered as to whether or not a nuisance, in fact, exists. If the Public Nuisance Hearing Officer determines that no nuisance exists, the Director of Development Services or his designee shall take no further action with respect to the subject property unless such action is taken with respect to a new or additional violation(s).
If the Public Nuisance Hearing Officer determines that a nuisance exists, the Public Nuisance Hearing Officer shall order the nuisance removed and abated by the owner and/or occupant within a reasonable period of time, and may further recommend to the City Attorney that he seek a court order from a court of competent jurisdiction to abate the nuisance if it is not timely abated by the owner and/or occupant. The owner of record of the property and/or occupant may appear in person at the hearing or present a written statement to be considered at the hearing. Such hearings will be public hearings and the decision of the Public Nuisance Hearing Officer shall be appealable to the Planning Commission sitting as the Appeals Board.
B. At the conclusion of the hearing, if the Public Nuisance Hearing Officer determines that a public nuisance exists, he shall adopt findings declaring the subject property to be a public nuisance and order removal or abatement of the item(s) in question from the site. (Ord. 2969 § 2 (part), 2000).