(a) Appeal. Any decision of the hearing officer finding a public nuisance may be appealed to the City Council within ten (10) days of the date of service of the written order by paying the appeal processing fee and filing a written appeal on the City’s form with the department which conducted the hearing.
(b) Hearings. After receiving the written appeal, it shall be forwarded to the City Clerk who shall set a date for hearing the appeal by the Council, which date shall not be less than ten (10) days after the date the appeal was filed. Written notice of the time and place of the hearing shall be given at least ten (10) 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, postage prepaid, addressed to the appellant at his address shown on the appeal. Continuances of the hearing may be granted by the Council on the motion of either party for good cause shown on the Council’s own motion.
(c) Decisions. Upon the conclusion of the hearing of such appeal, the Council shall:
(1) Terminate the proceedings;
(2) Confirm the action and decision of the hearing officer; or
(3) Modify the decision based upon evidence adduced at the hearing.
In the case of Subsections (2) or (3) of this Subsection (c), the resolution shall declare the premises to be a public nuisance and order the private abatement of the nuisance within a specified period by having such premises, properties, buildings, or structures, cleaned, cleared, rehabilitated, repaired, or demolished in the manner and means specified. Any property owner shall have the right, at his or her expense, to have any such property or premises cleaned, cleared, rehabilitated or to have such structures demolished or repaired in accordance with such order, provided the same is done prior to the expiration of the abatement period. Upon abatement in full by the owner, the proceedings shall terminate.
(d) Notices. A copy of the abatement order of the Council shall be served upon the owners of such property in accordance with the provisions of Section 1-7.02(b) of this Chapter within ten (10) days of Council’s decision.
(§ 1, Ord. 352-NS, eff. March 8, 1973, as amended by § 1, Ord. 1146-NS, eff. April 21, 1992)