§ 10-47. Council sets show cause hearing; council order.

(a)

To set show cause hearing date. If the public officer's order is not obeyed within the time in the order, the public officer shall provide notice of failure to the parties and the manager that the matter will be the subject of a rule to show cause hearing before city council at the second city council meeting date that occurs after the notice of failure. Upon notice by the public officer to the manager of the failure of the person to either repair or demolish as ordered, the manager shall place the matter on the agenda for city council for a show cause hearing. Notice of failure shall be provided in the same manner as the complaint.

(b)

Show cause hearing. At the show cause hearing, the public officer shall present his case to city council to issue its order to cause such unrepaired dwelling to be removed or demolished; and the owner or parties in interest shall be given the right to present evidence and testimony to show cause why the property should not be demolished or repaired, or other such facts for council's consideration. Parties have the right to be provided written notice of this hearing, the right to be represented by counsel, the right to present testimony and evidence and the right to cross-examine witnesses. The proceedings will be recorded. These proceedings will not be conducted under the strict application of the rules of evidence. Council may allow a brief introductory statement by both parties. The person seeking the closing and securing, repair or demolition may then present testimony, exhibits or witnesses, who shall then be subject to cross-examination. The person opposing the closing and securing, repair or demolition may then present testimony, exhibits or witnesses, who shall then be subject to cross-examination. All witnesses are to be sworn by the city clerk. Any exhibits for this body to consider must be marked by the clerk. Objections to testimony and evidence may be made to preserve the record. Testimony and exhibits may be accepted either with no objection or over objection. The council may direct questions to any sworn witness. Council may permit the parties to make brief closing remarks.

(Ord. No. 2015-33, 4-28-15)

Editor's note

Ord. No. 2015-33, adopted April 28, 2015, amended § 10-47 in its entirety to read as herein set out. Former § 10-47, pertained to council sets rules to show cause hearing date; show cause hearing council order, and derived from Ord. No. 2013-8, adopted Jan. 22, 2013.