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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)
A. At the time and place set for the hearing, the city council shall review and consider the record before and the report and decision of the hearing officer and written and oral evidence and argument relative to the report and decision of the hearing officer. The hearing may be continued from time to time, provided, however, that the hearing shall be completed as expeditiously as circumstances reasonably permit.
B. Upon conclusion of the hearing, the city council shall, on the basis of the record before and the report of the hearing officer, and considering such evidence and argument as may have been presented and received at the hearing, determine whether the decision of the hearing officer should be upheld, modified, or overturned. The determination of the city council shall include a statement as to whether or not a public nuisance exists. If the city council finds that a public nuisance exists, it shall, by resolution, order the nuisance abated within a reasonable time to be set forth in the resolution. If the city council finds that no public nuisance exists, the notice to abate shall be deemed to have been withdrawn and the matter shall be terminated. The determination of the city council shall be final.
(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.120)
A copy of the city council's resolution ordering 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). If the city council finds that no nuisance exists, notice of such finding shall be served in the same manner on the owner of the property and a copy of such notice shall be delivered or mailed to the hearing officer.
(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.130)
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