(A) Upon the imposition of a repeat nuisance service call fee, the city shall provide the owner or occupant notice as required in § 93.079 of this chapter. The city shall also inform the owner or occupant of his or her right to a hearing on the alleged repeat nuisance service calls. The owner or occupant upon whom the fee is imposed may request a hearing by serving upon the City Administrator within five business days of the mailing of the fee invoice, inclusive of the day the invoice is mailed, a written request for hearing. The hearing shall be heard by the City Council or its appointed Hearing Officer within 14 days of the date of the owner’s or occupant’s request for hearing.
(B) The hearing shall be conducted in an informal manner and the State Rules of Civil Procedure and Rules of Evidence shall not be strictly applied. The hearing need not be transcribed, but may be transcribed at the sole expense of the party who requests the transcription. After considering all evidence submitted, the Hearing Officer shall make written findings of fact and conclusions of the issue of whether the city responded to or rendered services for repeat nuisance service calls of the same or similar kind on three or more occasions within a 365-day period. The findings and conclusions shall be served upon the owner or occupant by U.S. mail within five days of the notice of hearing.
(C) An owner or occupant’s right to a hearing shall be deemed waived if the owner or occupant fails to serve a written request for hearing as required herein or fails to appear at the scheduled hearing date. Upon waiver of the right to a hearing, or upon the Hearing Officer’s written findings of fact and conclusions that the repeat nuisance call service fee is warranted hereunder, the owner or occupant shall immediately pay the fee imposed.
(1992 Code, § 1092:15) (Ord. 1288, passed 8-6-2002)