(a) Any person entitled to service under § 13.08.060 may appeal from any notice and order or any action of the Abatement Official concerning abatement of a public nuisance except a citation issued for a minor offense pursuant to Chapter 1.10 by filing at the office of the City Clerk within 15 days from the date of service of such order a written appeal to the City Council.
(b) Upon receipt of any appeal filed pursuant to this section, the City Clerk shall present it at the next regular or special meeting of the Council.
(c) As soon as practicable after receiving the written appeal the Council shall fix a date, time, and place for the hearing of the appeal by the Council. Such date shall be not less than ten days nor more than 60 days from the date the appeal was filed with the City Clerk. Written notice of the time and place of the hearing shall be given at least ten days prior to the date of the hearing to each appellant by the City Clerk 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 divisions (a), (b) and (c) of this section shall constitute a waiver of his or her right to the Council hearing and any 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.
(f) Enforcement of any notice and order of the Abatement Official issued under this chapter shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.
(g) At the hearing the appellant may appear in person or by agent or attorney. The presiding officer of the Council may administer oaths and compel the attendance of witnesses; record shall be kept of the proceedings by the Municipal Clerk or a competent stenographer under his or her direction and the appellant shall be furnished a copy without expense upon request.
(1) The Council shall have the following powers:
a. To hear and decide appeals where it is alleged there is error in the order of findings of the Abatement Official, or any order, requirement, decision, or determination made by him or his agent;
b. To hear and decide requests for exceptions to the terms of this chapter;
c. To authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the chapter would result in unnecessary hardship, and so that the spirit of the chapter shall be observed and substantial justice done.
(2) In exercising its powers, the Council may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from. To reverse any order, requirements, decision or determination, or decide in favor of the appellant, or to make exceptions to or variations from this chapter, the concurring vote of the majority of the Council shall be required.
(h) After the public hearing, the Council shall adopt a resolution containing its findings. If removal of the nuisance is ordered, the owner shall have at least 30 days from the date of the resolution to do so; if repairs or alternations are ordered they may be made within such lesser time as the Council shall order. However, the considerations cited in § 13.08.050(b)(4) of this chapter shall also be considered by the Council in setting time constraints for abatements.
(Ord. 2014-02, passed 3-11-14; Am. Ord. 2017-01, passed 1-10-17)