A. Petition For Hearing:
1. When any abatement work by repair or demolition is to be performed by the city pursuant to section 16-8A-14 of this article, except in emergency situations under section 16-8D-2 of this chapter, the building official shall petition the mayor to hold a hearing and order the property owner to show cause why the city should not abate by repair or demolition a substandard or dangerous building or structure constituting a public nuisance. The provisions of this section shall specifically not apply to actions taken by the building official in securing a building against entry.
2. Notwithstanding the provision of any other ordinance pertaining to hearings before the mayor, said hearings may be held either before the mayor or the mayor may direct the matter to be heard before a panel of hearing examiners of the board to conduct such hearings to determine the facts and make recommendations and findings to the mayor.
B. Panel Of Hearing Examiners: In the event the mayor may direct a panel of hearing examiners from the board to act as hearing examiners in abatement proceedings, the board shall select at least three (3) individual members of its board to act as the panel of hearing examiners and designate one as acting chair. The mayor or said panel of hearing examiners shall have the power and authority to call, preside at, and conduct hearings to consider whether or not structures are dangerous or substandard buildings under this chapter constituting a public nuisance to be abated by the city by demolition or repair, including the power to issue subpoenas, administer oaths, examine witnesses, receive evidence, compel attendance of witnesses and/or the production of witnesses or evidence; and based upon the evidence presented, prepare for the approval of the mayor, findings of fact, conclusions of law and proposed orders for said board. Hearings shall be conducted as provided in this code. The owner shall have the right to appear at said hearing in person or by counsel or both, present evidence and oral argument, cross examine witnesses, and in all proper ways defend the owner's interest.
C. Notice Of Abatement Hearing: Reasonable notice (not less than 10 days) of the time and place of said hearing, together with a petition for abatement setting forth the nature of the complaint against the property sufficient to reasonably inform the owner and enable them to answer the charges of the complaint, shall be served upon the owner personally or by mailing by first class mail, postage prepaid, a copy to the owner at their last known address appearing on the last assessment rolls for the property on file in the county assessor's office.
D. Action By Hearing Examiners: Within thirty (30) days of the conclusion of abatement hearing held before the board's panel of hearing examiners as provided in subsections B and C of this section, said panel shall submit to the office of the mayor a report of written findings of fact, conclusions, recommendations and proposed order based upon and supported by the evidence presented at the hearing. A copy of such findings, conclusions, recommendations and order shall be mailed or delivered to each party on the date they are filed with the office of the mayor.
E. Consideration Of Report: The office of the mayor shall fix a date, time and place to consider the panel of hearing examiners' report and proposed recommendations. Notice thereof shall be mailed to each party to the action not less than ten (10) days prior to the date fixed unless otherwise stipulated by all parties.
F. Exceptions To Report: Not later than two (2) days before the date set to consider said report, any party may file with the city recorder two (2) copies of written exceptions, proposed additional or alternative findings to any part or all of the hearing examiners' report and may attach thereto a proposed decision, together with written argument in support of such decision. Such exception must also indicate whether or not the party desires to present oral argument, which may be heard only with the consent of the mayor and said argument shall be confined to the issues set forth in the written exceptions or as otherwise limited by the mayor.
G. Disposition By Mayor:
1. The mayor may adopt the report of findings as the basis for its action in the abatement proceedings, or upon filing its own statement of the legal or substantial basis in the record therefor, it may:
a. Reject all or any portion of the report's findings and remand the same back to the same panel of hearing examiners for further hearing and findings on specific issues;
b. Disregard any portion of the report's findings and proceed to take action upon the remainder of the findings;
c. Substitute alternative or additional findings of fact on the issues presented to the examiners, if the substituted findings are supported by a preponderance of the evidence in the record.
2. Upon remand of any portion of the panel's reported findings, the same panel of examiners shall conduct further hearing proceedings to the extent necessary to make findings on the issues remanded for further hearing. Upon remand, the panel of examiners shall prepare and submit its revised report and findings as provided in subsection E of this section. Consideration of the revised report by the mayor shall comply with subsections F through H of this section.
H. Order Of Mayor: Upon disposition, the decision of the mayor shall be made in written order supported by findings of facts, which may be those submitted by the panel of hearing examiners if approved and adopted by said board or as the report may be modified, reversed or rejected by the mayor. A copy of the decision shall be mailed to parties in interest or their counsel. All orders entered by the mayor shall be final and shall be effective as of the date dated in such written order. Said order shall specify the manner in which the expense of any abatement work ordered shall be charged and collected.
I. Procedure To Accomplish Abatement Work: Upon the order of the mayor to complete abatement work by demolition or repair, the building official shall cause the work to be accomplished by city personnel or by private parties under his direction. Plans, specifications, bidding proposals, etc., therefor, may be prepared by building official or his designee, or said official may employ such appropriate professional assistance that he/she may deem reasonably necessary.
(1979 Code § 16.28.150; Ord. 95-25, 5-16-1995; amd. Ord. 98-15, 2-17-1998; Ord. 2001-69, 12-4-2001, eff. 12-9-2001)