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<br />(1) <br /> <br />(2) <br /> <br />(3) .... <br /> <br />A hearing shall be conducted no more than ten (10) days <br />after the Hearing Examiner receives notice of the request, <br />unless a later date is mutually agreed to by the Hearing <br />Examiner, the property owner and the City. <br /> <br />Both the property owner and the City may appear at the <br />hearing with counsel and may call such witnesses and <br />present such evidence as is determined by the. Hearing <br />Examiner to be relevant. <br /> <br />Any.history of the property. o\VIler's prior violations shall <br />be deemed relevant andadmis~rble as evidence.. <br /> <br />(d) Resolution <br /> <br />(1) <br /> <br />; .... Th~.Hearing :Exaininer' shall 'render . a 'decision to affirm, <br />repe~qrtnodify theofcier oftpeCityat the conclusion of <br />the hearing. Within fourteen (14) days after such hearing, <br />th~ Hearing Examiner shall provid.e written findings of fact. <br /> <br />(2) <br /> <br />Any person aggrieved by the decision of the Hearing <br />Examiner may appeal that decision to the City Council by <br />filing notice, in writi~g,.of~tlge. ~pp~alwit~t~~ .omc~ of <br />t. h.. e......C.. ...h..i..e......f.... ......o......f.... p....o...I.....i.c.....e.......W1.............th.........in..... ..'........t. ..w.. > enty..foUr(24)h()urso~.Jhe <br />FI~ai-~t1g:E~~i1~fI~4~qis~()~: ...... . .... ... .'. '.' ... ............ <br /> <br />0) <br /> <br />.Withintlrirty(30)days ofth~filirig of ~noticeo{appeal of <br />H~aring'E~an1ii1e:r's decision, the City Council shall review <br />the decision and findings of fact of the Hearing Examiner <br />and shall affirm, repeal or modify that decision. <br /> <br />The City shall take no action to abate any nuisance or violation while the <br />matter is still pending. <br /> <br />4. Implementation of Hearing Examiner or City Council Determination. <br />Upon a final determination by the Hearing Examiner, or the City Council <br />if the determination of the Hearing Examiner is appealed, the City shall <br />implement the decisions accordingly. <br /> <br />(a) If it is determined by the Hearing Examiner or the City Council <br />that no public nuisance or violation exists, then the City shall <br />notify the affected property owner in writing to confirm the <br />determination of the Hearing Examiner or City Council and all <br />abatement processes shall be ceased. <br />