(A) The owner may give written consent authorizing the City to abate the nuisance under § 13-36 hereof. Such consent shall waive his right to a hearing under the provisions of this section.
(B) At any time within ten days from the date of the notice and order provided for in this article, the owner may request, in writing to the City Manager, a hearing to be conducted for the purpose of contesting the determination that a nuisance exists upon his property. The City Manager shall conduct such hearing as soon as may be practicable but not earlier than five days after receipt of the owner’s request for such hearing, and not later than 15 days after such receipt.
(C) At such hearing, the owner shall have the right to be represented by counsel, to present testimony or evidence and arguments, and to cross examine witnesses. All testimony shall be taken under oath. If the City Manager, after such hearing, shall determine that weeds, noxious plants, or thickets constitute a nuisance detrimental to health or a fire or traffic hazard on such property, and shall determine that the person or persons requesting such hearing are owners of the property upon which such nuisance is located, the City Manager shall file in writing his findings of fact, and his order that such nuisance be abated within ten days, and shall cause such findings and order to be served upon such owner at the conclusion of the hearing.
(Ord. 3203, passed 7-7-09)