(a) Hearing evidence. At the time stated in the notice, the department head, or his or her designated hearing officer, shall hear and consider all relevant evidence, objections, or protests and shall receive testimony from the owner, witnesses, City personnel, and interested persons relative to such alleged public nuisance and on the proposed cleaning, clearing, rehabilitation, repair, or demolition of such premises. The property owner shall have an opportunity to present any evidence and question any witness concerning the issue before that hearing officer. The formal rules of the California Evidence Code need not be followed. The hearing may be continued from time to time.
(b) Decision and order to abate. After the conclusion of the hearing, the hearing officer shall, based upon such hearing, determine whether the premises or property, or any part thereon, as maintained constitutes a public nuisance. If the hearing officer finds that the public nuisance does exist and that there is sufficient cause to abate that situation by cleaning, clearing, rehabilitating, demolishing, or repairing the property or premises, the hearing officer shall prepare an order for the owner to abate said nuisance within a specified period of time, but in no event less than twenty (20) days, or the City may abate the nuisance at the owner’s expense and place a special assessment against and a Nuisance Abatement Lien on the property. The hearing officer’s decision will be final unless appealed.
(c) Service of order. Within ten (10) days of the decision, a copy of the order to abate and notice of appeal right shall be served upon the owner pursuant to Section 1-7.02(b) of this Chapter.
(§ 1, Ord. 352-NS, eff. March 8, 1973, as amended by § 1, Ord. 1146-NS, eff. April 21, 1992)