SEC. 7-246. ABATEMENT BY OWNER.

   On receipt of the notice, the property owner may abate the nuisance at his/her own expense. Nevertheless, whenever such a notice is issued, the city manager may demand that the property owner pay costs incurred by the city in enforcing abatement upon the property, including investigation, boundary determination, measurement, preparation and service of the notice, and related costs (“notice costs”). If the property owner does not pay such costs, a special assessment may be imposed on the property, as provided for in this article.

(Ord. No. 2572)

SEC. 7-247. APPEAL OF NOTICE.

   Within ten days of the day that a notice to abate a nuisance is mailed, a property owner may file with the city clerk a written request for a hearing before a hearing officer, stating the reasons that the property owner contests the city manager's determination that the grandfathered establishment on the property owner's property caused or allowed a nuisance. Before the city clerk accepts the request for hearing for filing, the property owner shall deposit with the city clerk the hearing fee set by resolution of the city council.

(Ord. No. 2572)

SEC. 7-248. HEARING.

   On receiving a request for hearing, accompanied by the hearing fee, the city clerk shall send the request to the hearing officer, who shall promptly schedule the hearing. At least ten days before the hearing, the hearing officer shall send written notice to the property owner of the date, time and place of hearing.

(Ord. No. 2572)

SEC. 7-249. CONDUCT OF HEARING.

   (A)   All hearings shall be open to the public.

   (B)   The property owner shall first present evidence to justify his/her failure or refusal to comply with the notice to abate a nuisance. Thereafter, a representative of the city may present evidence. The property owner bears the burden of proof to justify noncompliance with the notice to abate a nuisance.

   (C)   The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.

(Ord. No. 2572)

SEC. 7-250. DECISION.

   (A)   Within 14 days of the conclusion of the hearing, the hearing officer shall issue and mail to the property owner a written decision containing a statement of the reasons on which the decision is based. The hearing officer shall also provide a copy of the decision to the city manager.

   (B)   The hearing officer may uphold the notice to abate a nuisance, modify the abatement requirements contained in the notice to abate a nuisance, or invalidate the notice to abate a nuisance.

   (C)   The decision of the hearing officer is a final administrative decision and is not subject to reconsideration or administrative appeal.

(Ord. No. 2572)