(A) The hearing must be conducted by a hearing officer selected by the City Manager. At the time set for the hearing, the hearing officer will conduct a hearing to determine, based upon the evidence presented, whether a public nuisance exists on the subject property. At the hearing, the hearing officer will accept reliable evidence from any person if the evidence bears on the issue of whether a public nuisance exists on the subject property. The hearing officer is authorized to take testimony and is authorized to administer oaths or affirmations under the Cal. Civil Procedure Code § 2093(a). Based upon the evidence submitted including, without limitation, any written staff reports regarding the alleged nuisance, the hearing officer will determine whether or not a public nuisance exists on the subject property.
(B) As soon as is practicable following the close of the hearing, the hearing officer will render a decision on the matter. If a public nuisance is found to exist, the hearing officer will issue an order requiring the abatement of the public nuisance in a reasonable time and manner as set forth in the order. The hearing officer will promptly give written notice to the responsible person and any other interested person who requests, in writing, notice of the decision, including, a copy of the order. The order issued by the hearing officer will be deemed a final order and may be judicially reviewed pursuant to Cal. Civil Procedure Code § 1094.6. There is no right to a City Council appeal.
(Ord. 1072, passed 9-15-03)