§ 94.05  PRIVATE ABATEMENT.
   (A)   Within ten days after the notice, as provided in § 94.04, the owner, occupant, or person in charge of the property where the noxious vegetation nuisance exists shall abate the nuisance, except as provided in division (B) below.
   (B)   (1)   The owner, occupant, or person in charge of the property who denies that a nuisance exists may file with the city a written protest. The protest shall be referred to the City Council for hearing as part of the Council’s regular agenda at its next meeting or at such other time as may be convenient for the city. The Council shall consider the abatement and protest and may consider any material it deems relevant and probative. The Council may, at its discretion, allow verbal testimony on the abatement issue. The Council will make its decision based upon the best interests of the city, including whether the noxious vegetation is offensive, injurious, or detrimental to the public health, safety, or welfare.
      (2)   After hearing the matter, the Council may determine whether a nuisance exists, may decide upon the nature of the abatement, may order the abatement, and may impose other conditions as the Council deems necessary. The Council shall make written findings in support of its decision. The Council decision shall be final. Failure to file a written protest within the time lines provided in this chapter waives any objection the owner, occupant, or person in charge may have to finding that a nuisance exists or to the abatement of the nuisance by the city.
(Ord. 16-01, passed 5-23-2016)