(A) Within the period for abatement specified on the notice of violation, the property owner or other responsible person(s) may request in writing a review of the nuisance determination by the Code Enforcement Supervisor. Unless the unlawful conditions are dangerous so as to require summary abatement per section 12-3-6, such written request shall stay the abatement of the nuisance by the city until the completion of the review by the Code Enforcement Supervisor. In the event no appeal is taken, the city may proceed to abate the nuisance.
(B) Within ten days of receiving a request for review, the Code Enforcement Supervisor shall hold a hearing to review the nuisance determination. At this hearing, all interested persons shall be heard and may offer evidence and be represented by an attorney. The hearing shall be conducted in an informal manner to determine whether there is a sufficient legal and factual basis to affirm the nuisance determination, and the rules of evidence shall not apply; provided, that the decision of the Code Enforcement Supervisor shall be based upon substantial and reliable evidence. If, following the hearing, the Code Enforcement Supervisor upholds the findings, and declares the condition existing on the property to be a danger and hazard to the health, safety, and general welfare of the inhabitants of the city and a public nuisance, the Code Enforcement Supervisor shall issue a written order directing the property owner or other responsible person to abate the nuisance within ten days and if the nuisance is not abated by the property owner, directing the Code Enforcement Officer to abate the condition constituting a nuisance.
(C) Within a period of five days after the determination of the Code Enforcement Supervisor, the property owner or other responsible person(s) may request in writing a review of the Code Enforcement Supervisor’s determination to the Director of Neighborhood and Business Services or their designee. Unless the unlawful condition(s) is/are dangerous so as to require summary abatement per section 12-3-6, such written request shall stay the abatement of the nuisance by the city until the completion of the review by the Director of Neighborhood and Business Services or their designee. In the event no appeal is taken, the city may proceed to abate the nuisance.
(D) If the property owner or other responsible person(s) wish to appeal the determination of the Director of Neighborhood and Business Services or their designee, they shall do so in writing to the Board of Adjustment. Such appeal shall be within 30 days of the date of determination. Appeals of a decision by the Board of Adjustment shall be as provided by law.
(E) If a nuisance is found to exist, the responsibility for abatement shall rest with the property owner and any other responsible person(s).
(F) Nothing in this section shall prevent the property owner or other responsible parties from abating the nuisance in question in accordance with the notice of violation prior to any requested review pursuant to this section.
(Ord. No. 23-083, § 1, passed 12-14-2023)