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A. The owner or occupant of the property who has been served with a notice pursuant to this chapter that a public nuisance exists and that it must be abated within thirty (30) days, may, within seven (7) calendar days after receipt of such notice, make a written demand to the building department for a hearing on the question of whether a public nuisance in fact exists. The hearing shall be held within seven (7) calendar days following receipt by the building department of the written demand and at least two (2) days' notice of the hearing shall be given to the individual who made the written demand for the hearing.
B. The hearing shall be conducted by the city council. The city council may amend or modify the notice and/or order, or extend the time for compliance with the building department's order by the owner by such date as the majority of the city council may determine.
C. The owner, agent of the owner, occupant and lien holder, if any, of the subject property shall be given the opportunity to present evidence to the city council during the course of the hearing.
D. In those instances where the nuisance has been abated by the city, the city council shall have discretion to waive the cost of abating a nuisance, in whole or part, if, in the course of the hearing and reviewing the decision, the city council finds that any of the following did not conform to the provisions of this chapter:
1. The notice to remove the nuisance;
2. The work performed in abating the nuisance; or
3. The computation of charges. (Ord. 1343, 7-23-2001)