Sec. 5.3. Removals by council.
After notice and the giving of an opportunity to be heard by the holder of any city office such city office shall be declared vacant by the Council upon the occurrence of one or more of the following events before the expiration of the term of such office:
   (1)   If such officer has failed to perform the duties of his office for ninety days because of physical or mental disability;
   (2)   If such officer has been found guilty of any act constituting misconduct in office under the provisions of this Charter by any court, or if such officer shall be found guilty of any act constituting misconduct in office under the provisions of this Charter, or wilful neglect of, or gross inefficiency in, the performance of his duties as officer of the City by the vote of four or more members of the Council at or following the time set for such hearing.
For the purpose of this Section, notice shall be given to the officer at least ten days before the hearing. Such notice shall be given personally or by delivering the same at his last known place of residence. Such notice shall include a statement of reasons for the proposed removal. The hearing shall afford an opportunity to the officer, in person or by attorney, to cross-examine witnesses and to present testimony in his own defense.