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It shall be the duty of the owner, occupant or person in charge or control of any property in the city, within fifteen (15) days from the date of the posting, mailing, or personal service of the notice provided for in Section 8.32.030 of this chapter, or in the case of an appeal as permitted in any order of abatement which has become final under this chapter, unless a nuisance has been found not to exist hereunder, to remove or cause to be removed the nuisance as stated in the notice.
(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.050)
A. Within fifteen (15) days from the date of the posting, mailing, or personal service of the required notice provided for in Section 8.32.030 of this chapter, the owner or person occupying or controlling such lot or premises affected by such notice or any other person affected thereby may appeal to the city manager.
B. If no written request for a hearing is received by the city manager, or if the nuisance is not abated by the owner, occupant, or person in charge or control of the property or their agent within the time allowed, the city manager shall have the authority to abate by city personnel or private contract (authorized, if otherwise required, by the city council) and remove the public nuisance without a hearing.
(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.060)
If a request for hearing is filed, the city manager shall send a notice of hearing at least ten days before the hearing by regular mail to the requesting party, including the owner of the land as shown on the last equalized assessment roll and any other property owners or interested parties as deemed appropriate by the city manager.
(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.070)
The hearing to determine whether a nuisance exists shall be conducted by the city manager or his or her duly authorized designee who shall act as a hearing officer, and who shall hereinafter sometimes be referred to as the “hearing officer.” (Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.080)
A. The hearing to determine whether a nuisance exists shall be conducted by the hearing officer who shall consider relevant evidence including, but not limited to, applicable staff reports, objections or protests relative to the existence of such alleged public nuisance, and the manner proposed for abatement of same. Such hearing may be continued from time to time, provided, however, that the hearing shall be completed as expeditiously as circumstances permit.
B. Upon the conclusion of the hearing, the hearing officer shall, on the basis of the evidence presented at such hearing, determine whether the property, or any part thereof, or any condition thereon, as maintained, constitutes a public nuisance, as defined in this chapter. If the hearing officer finds that a public nuisance exists, he or she shall, by written notice, order the same abated in a reasonable period of time as set forth in the notice. The determination of the hearing officer shall be final unless appealed in the manner provided in this chapter.
(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.090)
A. A copy of the hearing officer's order of abatement of the nuisance shall be served upon the owner of the property by one of the methods described in Section 8.32.040 of this chapter, (excluding the need to insert a newspaper advertisement if service by posting is selected), together with a detailed list of needed corrections or abatement methods. If the hearing officer finds no nuisance exists, notice of such finding shall likewise be served on the owner of the property.
B. If abatement is ordered and if no appeal is timely filed pursuant to Section 8.32.110 of this chapter and if the nuisance is not completely abated by the owner, as directed, within the time set forth in the order of the abatement, then the city manager shall cause the same to be abated by city personnel or private contract (authorized, or otherwise required by the city council), and entry upon the premises is expressly authorized for such purposes.
(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.100)
A. The owner or person occupying or controlling the property affected by the decision of the hearing officer, or any other person affected by such decision, may appeal the decision of the hearing officer to the city council.
B. The appeal shall be made in writing and filed with the city clerk within five working days following the giving of the notice of the decision of the hearing officer. Such appeal shall state the grounds for the appeal. The city clerk shall, upon receipt of such appeal, set the matter for hearing before the city council not less than seven nor more than thirty (30) days following the filing of the appeal. Notice of hearing shall be given in the manner provided for in Section 8.32.040 of this chapter and to the persons described in Section 8.32.070 of this chapter.
(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.110)
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