(A) If the owner, as defined in § 94.22 hereof, of the premises upon which the City Administrator, the Chief of Police or the Building Inspector, has determined that there exists a nuisance, shall, within five days of receipt of the notice of nuisance by the City Administrator, Chief of Police or the Building Inspector for the abatement of said nuisance, files a request with the City Administrator for a hearing before the hearing officer concerning such determination, the City Administrator shall fix a date and time to hear the matter, said hearing to be held within 14 days after the filing of the request. The City Administrator shall prepare a written notice of hearing which shall include the name and address, including mailing address, of the owner. The City Administrator shall then mail by first-class mail a notice of hearing to the owner no later than ten days prior to the date of the hearing.
(B) At the time fixed in the notice of hearing, the hearing officer shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance, including the estimated cost of abatement and other matters which may be pertinent. At the conclusion of the hearing, the hearing officer shall, within five days of the date of the hearing, declare the hearing officer's findings in a written decision of hearing. If the hearing officer so concludes, the hearing officer may declare the condition existing to be a nuisance and direct the City Administrator, the Chief of Police, or the Building Inspector to proceed to abate the nuisance pursuant to the provisions of this code. Such final determination shall be considered a final order of the city. The said notice of decision of hearing shall be substantially in the following form:
NOTICE OF DECISION OF HEARING OFFICER
TO:
YOU ARE HEREBY NOTIFIED THAT ON , 20 , the Hearing Officer of the City of Wahoo, Nebraska, after notice and hearing, did determine that the following (did) (did not) constitute a public nuisance, to wit:
Upon the following described real estate, to wit:
If the Hearing Officer concluded that the above did constitute a public nuisance:
You are granted days from the date of this notice of decision to abate said nuisance. Failure to abate said nuisance shall result in said nuisance being abated by the City of Wahoo and the cost of abatement shall be assessed upon said premises and constitute a lien upon said premises until paid.
DATED , 20 .
CITY OF WAHOO, NEBRASKA
by
City Administrator
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing Notice was posted on the premises afore-described and mailed by registered or certified U.S. Mail, postage prepaid, on this day of , 20 , to the following:
CITY OF WAHOO, NEBRASKA
by
City Administrator
(’72 Code, § 4-309) (Ord. 1238, passed 3-28-85; Am. Ord. 1943, passed 11-9-06; Am. Ord. 2192, passed 8-27-15)