(A) For purposes of this subchapter, the city shall designate an Administrative Hearing Officer who shall have the duty and authority to enter such administrative orders as are necessary to the enforcement of this subchapter. The City Administrator is designated as the Administrative Hearing Officer.
(B) The Administrative Hearing Officer, upon the request of the Chief of Police, or the Chief's designated representative, shall review the violation notice and all relevant information. If the Hearing Officer determines after such review that a nuisance condition exists and no request for a hearing has been made by the owner, occupant, or agent, and the nuisance condition remains unabated, then the Hearing Officer may enter an administrative order. The administrative order shall contain a finding of whether the city properly sent notice to the owner, occupant, or agent in accordance with provisions herein; a finding of the nuisance conditions which exist; the failure of the owner, occupant, or agent to abate or otherwise remove the nuisance conditions; and an administrative penalty not to exceed $50 per day for each day the nuisance condition exists.
(C) In the event the owner, agent or occupant requests a hearing within five days after receipt of notice of the nuisance pursuant to § 94.007(B), the Administrative Hearing Officer shall schedule a hearing on the appeal within 14 days after filing of the appeal, which appeal shall be conducted by the City Administrator. A written notice of the hearing date and time shall be provided to the owner, agent or occupant requesting the appeal. At the hearing, the owner, agent or occupant shall be given the opportunity to present information relevant to the violation notice. The Chief of Police or the Chief's designated representative also shall be given the opportunity to present information relevant to the violation notice. The hearing may be continued to a later time in exceptional cases where additional information is needed as determined by the Hearing Officer. The Hearing Officer shall otherwise render a decision on the appeal within five business days after the conclusion of the hearing. If the appeal fails, the city may have such work done as provided in the notice.
(D) The Administrative Hearing Officer may modify an order, including the administrative penalty in cases of undue hardship or in cases presenting extenuating or mitigating circumstances.
(E) It shall be unlawful for any person to whom an administrative order is issued to fail to comply with the provisions of the administrative order.
(Ord. 2013-06, passed 5-21-2013; Ord. 2014-16, passed 11-18-2014)