(a) General Provisions.
(1) The city manager, or his designee, shall serve as the nuisance abatement hearing officer.
(2) The hearing officer shall have the power and duty to administer oaths and affirmations and to certify to official acts.
(3) The hearing shall be recorded by means of audio tape recording or any such other means as the hearing officer deems appropriate.
(4) All persons presenting oral testimony shall be sworn prior to taking such testimony.
(5) All written evidence shall be signed and dated by the person submitting the same.
(b) Presentation of Evidence.
(1) Each party may call and examine all witnesses, present evidence, rebut any evidence presented against the party and be represented by anyone the party may choose.
(2) All relevant evidence shall be admitted and considered by the hearing officer, whether such evidence be oral or written. Irrelevant or repetitious testimony shall be excluded by the hearing officer.
(c) Decision of Hearing Officer.
(1) The hearing officer shall, not more than five business days after the hearing, render a written decision which shall, on the basis of the evidence as presented, determine the existence or nonexistence of the alleged nuisance.
(2) If a nuisance is found to exist, the hearing officer shall describe the nuisance with particularity and shall specify a reasonable time frame for the voluntary abatement of the nuisance(s) by the property owner by any lawful means. Further, the decision shall explain the civil abatement alternative if voluntary abatement fails to abate the nuisance.
(3) The written decision shall be served on the property owner and interested parties by certified mail.
(Ord. 459 § 1 (part), 1992).