(A) All hearings under this chapter shall be held before a hearing officer who shall hear and consider all relevant evidence offered as to whether a nuisance, in fact, exists. All hearings under this chapter are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish a nuisance exists by a preponderance of evidence. The responsible person(s) and the enforcement officer issuing the notice, as well as all other interested persons, shall have the opportunity to present evidence and to cross-examine witnesses. The responsible person(s) or other interested persons may represent himself, herself or themselves or be represented by anyone of his, her or their choice. The responsible person(s) or other interested persons may bring an interpreter to the hearing at his, her or their sole expense.
(B) The responsible person(s) may appear in person at the hearing or present a written statement to be considered by the hearing officer at the hearing.
(C) The failure of the responsible person(s) to appear at the hearing or present a written statement to be considered by the hearing officer at the hearing shall constitute a waiver of the hearing and a failure to exhaust administrative remedies concerning the abatement notice.
(D) At the conclusion of the hearing, if the hearing officer determines that a public nuisance exists, he or she shall adopt written findings declaring the subject property to be a public nuisance and order removal or abatement of the item(s) in question from the site within a reasonable period of time which shall commence upon the date the findings and order are served upon the responsible person(s).
(E) Nothing contained in this chapter shall obligate the city to undertake abatement actions pursuant to an abatement notice.
(Ord. 1128, passed 5-16-23)