(A) Following a request for a hearing, the City Council shall itself or through a hearing examiner provide a hearing for the requesting party to show cause why a violation does not exist, or why the violation should not be abated within the time provided, and to receive evidence and the testimony of the city official and other interested persons, or other witnesses, concerning the existence, location, and condition of the alleged violation.
(1) After the hearing, the City Council may order the property a nuisance in violation of this chapter and direct that the violation be abated by the person responsible, and/or by other person or persons in charge of the property, and/or by the city in accordance with the provisions of this chapter.
(2) If the hearing was referred to a hearing examiner by the City Council, the hearings examiner and the City Council shall proceed in the fashion provided for in § 97.09(H), relating to dangerous building.
(B) Persons entitled to the notice specified in § 99.03(A) shall be sent copies of the order in the manner provided for in that section.
(C) The City Council may impose conditions and take other actions considered appropriate under the circumstances to carry out the purposes of this chapter. The City Council may delay the time for abatement of the nuisance when, in the council's opinion, circumstances justify such action. The City Council shall refuse to order abatement of the violation when the property, in the opinion of the City Council, is not subject to the provisions of this chapter. The City Council shall not be bound by technical rules of evidence in conducting the hearing.
(D) Nothing stated in this chapter shall prevent the City Council from entering into a consent agreement with the person or persons responsible, or person or persons in charge of property, that provides for the manner and means of abatement other than as provided for herein, provided that the consent agreement is in the form of a final contract enforceable in a court of law or equity and the contract specifically waives any right of the person contracting with the City Council to contest whether a violation of this chapter exists or existed or whether the condition of the subject property constitutes a nuisance.
(Ord. 555, passed 11-9-2014)