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All hearings authorized by or conducted pursuant to this chapter shall be heard by a Board of Appeals. The City Manager may determine the composition of the Board. No person who has been involved in the enforcement of a particular matter shall sit on the Board. Nothing shall prevent the City Manager from employing a single, neutral hearing officer to perform the duties of the Board. Appeals to the Board shall be processed in accordance with the provisions contained in Section 8.24.080. Copies of all rules of procedures or regulations adopted by the Board shall be delivered to the City Manager, who shall make them freely accessible to the public. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
A. Any person entitled to service under this article may appeal from any notice and order or any action of the City Manager under this code by filing with the office of the City Manager a written appeal containing:
1. A street address and a description sufficient for identification of the property and the affected structures thereon;
2. The names of all appellants participating in the appeal;
3. A brief statement setting forth the legal interest of each of the appellants in the structure or the property involved in the notice and order;
4. A brief statement in ordinary and concise language of the specific order of action protested, together with any material facts claimed to support the contentions of the appellant;
5. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside;
6. The signatures of all parties named as appellants and their official mailing addresses;
7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
B. The appeal shall be filed within ten days from the date of service of such notice and order or action of the City Manager; provided, however that if the parcel of land or structure is in such condition as to make it dangerous to the life, limb, property or safety of the public or adjacent property, such appeal shall be filed within five days from the date of the service of the notice and order of the City Manager.
C. As soon as practicable after receiving the written appeal, the secretary of the Board of Appeals shall fix a date, time and place for the hearing of the appeal by the Board. Such date shall not be less than five days nor more than thirty days from the date the appeal was filed with the City Manager. Written notice of the time and place of the hearing shall be given at least five days prior to the date of the hearing to each appellant by the secretary of the Board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.
D. Failure of any person to file an appeal in accordance with the provisions of this code shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or any portion thereof.
E. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
Enforcement of any notice and order of the City Manager issued under this code, including the imposition of administrative penalties, shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2 (part), 2001).
Where the terms of a notice and order have not been complied with, or where the form of abatement so requires, the City Manager or his/her designee may set an order to show cause hearing (hereinafter, "OSC") before the Board of Appeals. The procedures for providing notice, conducting the hearing, providing a final written determination, and any other relevant actions shall comport with this Chapter. (Ord. 2004-10 § 2(part), 2004)
If the Board of Appeals may uphold, modify, or overrule the City Manager's determination of nuisance, and proposed abatement, through the issuance of an administrative decision and order. Where abatement is ordered, the Board shall order the City Manager to abate the nuisance. The administrative decision and order shall be served pursuant to Section 8.24.060 of this code. The administrative decision and order shall be served within ten days after the hearing. The administrative decision and order shall be final and conclusive. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
If such nuisance is not abated as ordered within the abatement period, the manager shall cause the same to be abated by city employees or private contracts. In appropriate circumstances, the Manager shall request the City Attorney to obtain all necessary judicial approval for entry onto the subject premises for abatement purposes. The cost, including administrative costs, attorneys fees and other incidental expenses, of abating the nuisance shall be billed to the owner and shall become due and payable thirty days thereafter. The term “administrative costs” shall include, but not be limited to, documenting the nuisance; the actual expenses and costs of the city in the preparation of notices, specifications and contracts, and in inspecting the work; and the costs of printing and mailing required hereunder. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
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