Public safety and law enforcement officers, as well as affected members of the community, shall report findings and recommendations to the City Manager; and if the City Manager ascertains from the report and findings that the condition presents a public nuisance, as herein defined, the Manager shall make his recommendation to Council that just cause exists to abate the nuisance. Whereupon by a majority vote of Council, a hearing shall be held after at least ten days’ notice to the property owner, tenant, business manager and/or licensee of the time and place of such hearing, which notice shall contain a statement or specification of the charges, grounds or reasons for such proposed contemplated action, and which shall be served upon the property owner, tenant, business manager and/or licensee as notices under the West Virginia rules of civil procedure or by certified mail, return receipt requested, and shall, in addition, be posted in a conspicuous place on the premises as well as within 100 feet surrounding such premises affected by the recommendation. The term “cause” shall include the doing or omitting of any act or permitting any condition to exist which causes a public or continuing nuisance as defined in this article. At which time and place, so designated in the notice, the City Administration shall put forth its evidence in support of the recommendation made to Council as well as the property owner, tenant, business manager and/or licensee shall have the right to appear and produce evidence in his behalf, and to be represented by counsel. Provided that the Council may forthwith suspend any such license when they believe the public safety will be adversely affected by the continued operation of such nuisance.
If, at the request of the property owner, tenant, business manager and/or licensee or on his motion, the hearing shall be continued and shall not take place on the day fixed by the Council, the property owner, tenant, business manager and/or licensee shall not be permitted to continue doing business pending an appeal as provided by this article.
(Ord. 12662. Passed 7-1-03.)