(A) Notice to comply. If the owner does not accept an offer under § 131.23, the Official will give the owner notice to comply with § 131.22 not later than 15 days from the date of the notice. The notice shall contain a statement explaining the owner's right to request a hearing for the purpose of determining whether the conditions constitute a public nuisance under this subchapter.
(B) Abatement. Unless the Official receives a timely request for a hearing from the owner, the city may enter upon the property as allowed by law and do or cause to be done any work necessary to bring the property into compliance with this subchapter.
(C) Hearing.
(1) If, within 15 days after the date the owner received the notice to comply, the owner files with the Official a written request for a hearing, the Official will schedule a hearing before the Hearing Officer. The hearing will be held within five business days after the date the request is filed unless the parties agree to a certain date beyond the five days. The owner's request for hearing must contain an address and a phone number where notice of hearing can be given. At the hearing, the owner and the city may present any evidence relevant to the proceedings, in accordance with reasonable rules adopted by the Hearing Officer.
(2) The determination of the Hearing Officer after the hearing shall be final and not appealable. If, after the hearing, the Hearing Officer finds that conditions constituting a nuisance hereunder exist, the Hearing Officer shall issue a written abatement order. The order will required the owner to comply with § 131.22 within two business days from the date of the order, and if the owner fails to do so the city may thereafter enter upon the property and do or cause to be done any work necessary to bring such premises into compliance with this subchapter.
(Ord. 2011-17, passed 7-12-11)