A. Whenever the persons authorized pursuant to section 6.01.03 of this chapter determine that a public nuisance exists or is being maintained as declared in section 6.01.02 of this chapter, and the owner or occupant of the yard, lot, parcel or premises upon which such nuisance exists or is being maintained, fails or refuses to remove or abate such nuisance, after the notice provided in section 6.01.05 of this chapter has been given, the board shall issue its order directing the owner or occupant of the yard, lot, parcel or premises upon which such nuisance exists or is being maintained, to appear in not less than ten (10) days before the board and show cause for the reason, if any, why the nuisance should not be removed or abated by the board at the cost and expense of such person.
B. All orders for the removal or abatement of any nuisance shall be served upon the same persons and in the same manner provided for giving the notice of the maintenance of and existence of a nuisance in section 6.01.05 of this chapter.
C. Every person appearing before the board pursuant to any order made by the board shall be given an opportunity to present evidence that either the nuisance has been abated or removed, or the determination of such nuisance by persons authorized pursuant to section 6.01.03 of this chapter was erroneous.
D. Upon the failure of any person to appear at the time set forth in any order of the board made pursuant to this section, or upon the conclusion of any hearing after an appearance made pursuant to such order, the board shall:
1. Enter its order that there is no nuisance as determined by the persons authorized pursuant to section 6.01.03 of this chapter; or
2. Enter its order that a nuisance exists or is being maintained only as part of the yard, lot, parcel or premises and order its removal or abatement as to that part in the manner provided herein; or
3. Order the nuisance to be removed or abated and set a period of time to be allowed for removal or abatement of such nuisance. (Ord. 511, 7-5-2007)