(A) At a hearing on involuntary abatement, after the City Manager or his or her designee has presented evidence on the issue, any interested person may state his objections and protests and give evidence relative to the alleged public nuisance or the proposed abatement thereof.
(B) After all such evidence is received and heard, the Building/Fire Appeals Board shall determine the issue. If it finds and determines that the condition of the property constitutes a public nuisance and that the public nuisance requires abatement, then the Building/Fire Appeals Board may take such action as it may deem necessary therefor, including (but not by way of limitation) any of the following actions:
(1) Allow abatement by means of reinstitution of lawful service station or other uses, including rehabilitation and repair if necessary within a stated period of time; or
(2) Order the nuisance to be abated, including, if necessary therefor, the demolition and removal of any or all structures situated on the property, the filing of all excavations, and the excavation and removal of all underground tanks and appurtenances; and
(3) Revoke any permits or variances that authorized or otherwise pertained to the discontinued service station use.
(C) If the Building/Fire Appeals Board's order is made pursuant to divisions (B)(1) or (B)(2) above, then the Building/Fire Appeals Board may condition its order upon commencement of such abatement within such period of time as the Board may find to be reasonable in the circumstances, and may order that upon failure of such condition:
(1) The City Manager, or his or her designee, shall abate the nuisance by awarding a contract for the work of abatement in the name of the city; or
(2) The City Attorney may commence an action to enjoin the nuisance.
(Ord. 1153, passed 4-20-94)