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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)
Any owner shall have the right to abate the public nuisance in accordance with the city council's resolution ordering abatement, at his or her own expense, provided the same is completed prior to the expiration of the time set forth in the resolution. Upon compliance with the resolution by the owner, the proceedings hereunder shall be deemed terminated. If such nuisance is not completely abated by the owner, as directed, within the time set forth in the resolution, then the city manager shall cause the same to be abated by city personnel or private contract (authorized, if 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 § 6.12.140)
Upon completion of the abatement by or under direction of the city manager, the city manager shall cause a report of the proceedings and account of the costs thereof to be prepared and shall submit it to the city clerk for submission to the city council for hearing thereon. The city clerk shall set a time and place for the city council to receive and consider the statement of cost, which shall be at least seven calendar days after the date of filing, and shall post a copy of said report and account and notice the time and place of hearing in a conspicuous place at or near the council chambers.
(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.150)
At the time and place set for receiving and considering the report and statement of cost, the city council shall hear and pass upon the statement of cost, together with any objections or protest raised by any interested parties. Thereupon, the city council may make any such revision, correction or modification to the statement of costs as it may deem appropriate, after which the statement as submitted, or as revised, corrected or modified, shall be confirmed by resolution. Such hearing may be continued from time to time, provided, however, that the hearing shall be completed as expeditiously as circumstances permit. The decision of the city council shall be final. The city's finance department may accept payment of any amount due prior to the city council hearing described in this section.
(Ord. 105 § 4 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 6.12.160)
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