§ 10-28. Appeal procedures; hearing.

(a)

Appeal of finding of nuisance: The responsible person, owner or occupant, or the lien holder of the property, may make a written demand to the manager for a hearing on the question of whether a public nuisance in fact exists. The manager shall appoint a hearing officer to hear the appeal. This appeal stays the public abatement until such time as the matter is heard and decided by the hearing officer unless an emergency abatement as authorized by the manager is necessary to preserve public health, safety or welfare. The appeal must be received by the manager before the time specified in the notice. The appeal may be faxed or emailed to the manager. The written demand shall include a contact number, either phone or facsimile in order for the person to be informed of the hearing location, date and time. It shall not be a defense to the determination that a public nuisance exists that the property is boarded up or otherwise enclosed. The hearing officer may amend or modify the notice to abate the public nuisance, or when appropriate under the facts presented, extend the time for compliance by the owner to such date as the hearing officer may determine. The decision of the hearing officer is final, and shall be delivered orally to the appellant on the date of the hearing, and then, if requested, written and mailed to the address provided.

(b)

Failure to appeal: Failure to timely appeal constitutes a waiver of the right to appeal the existence of a public nuisance.

(c)

Appeal of assessment: Further, in those instances where the nuisance has been abated by the city after the required notice of subsection 10-27(b), the owner or occupant of the property who has been served with a notice of assessment pursuant to section 10-29 of this article may make a written demand to the manager for a hearing to review the cost of the abatement. This appeal stays the attachment of the lien until such time as the matter is heard and decided by the hearing officer. The appeal of the assessment must be received by the manager within five business days of the appellant's receipt of the notice of assessment. The written demand shall include a contact number, either phone or facsimile in order for the person to be informed of the hearing location, date and time. In an appeal of the assessment of costs, no testimony shall be permitted on the issue of the existence of the public nuisance. The decision of the hearing officer is final, and shall be delivered orally to the appellant on the date of the hearing, and then, if requested, written and mailed to the address provided.

(d)

Failure to appeal assessment: Failure to timely appeal constitutes a waiver of the right to appeal the assessment of costs.

(e)

Notice of the hearing: By way of the contact numbers provided in the written demand, the manager shall orally advise the owner of the location, date and time of the hearing. Notice of the hearing must be provided at least two business days prior to the hearing, excluding city recognized holidays and weekends.

(f)

Time and manner of hearings: The hearings as allowed under this section shall be held as soon as practical but in any event no later than five business days after receipt of the appeal, excluding city recognized holidays and weekends. The hearing shall not be conducted under the strict rules of evidence. The hearing shall be informally conducted by the hearing officer. The enforcement officer shall present the facts and circumstances that resulted in a conclusion that a public nuisance existed. The owner, occupant or lien holder, or their agents, representatives or attorneys shall be given the opportunity to present evidence to the hearing officer in the course of the hearing, and shall have the right of cross examination of the enforcement officer. When the nuisance has been abated by the city and the person has appealed the assessment of the administrative fee and actual costs, the hearing officer shall have discretion to waive the administrative fee or the public cost of abating a nuisance, in whole or in part, if, in the course of the hearing reviewing the decision, the hearing officer finds that justice and equity require such waiver or that any of the following did not conform to the provisions of this article:

(1)

The notice to remove the nuisance;

(2)

The work performed in abating the nuisance;

(3)

The computation of charges.

(Ord. No. 2002-49, 10-22-02; Ord. No. 2007-22, 4-24-07; Ord. No. 2014-28, § 2, 5-13-14; Ord. No. 2015-33, 4-28-15)