Agenda - Council Work Session - 11/10/2008

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(1) A hearing shall be conducted no more than ten (10) days after the Hearing Examiner receives notice of the request, unless a later date is mutually agreed to by the Hearing Examiner, the property owner and the City. (2) Both the property owner and the City may appear at the hearing with counsel and may call such witnesses and present such evidence as is detelmined by the Hearing Examiner to be relevant. (3) Any history of the prope11y owner's prior violations shall be deemed relevant and admissible as evidence. (d) Resolution (1) The Hearing Examiner shall render a decision to affirm, repeal or modify the order of the City at the conclusion of the hearing. Within fourteen (14) days after such hearing, the Hearing Examiner shall provide written findings of fact. (2) Any person aggrieved by the decision of the Hearing Examiner may appeal that decision to the City Council by filing notice, in writing, of such appeal with the office of the Chief of Police within twenty-four_(24) hours of the Hearing Examiner's decision. (3) Within thiI1Y (30) days of the filing of a notice of appeal of Hearing Examiner's decision, the City Council shall review the decision and findings of fact of the Hearing Examiner and shall affinn, repeal or modify that decision. The City shall take no action to abate any nuisance or violation while the matter is still pending. 4. Implementation of Hearing Examiner or City Council Detennination. Upon a final detennination by the Hearing Examiner, or the City Council if the detem1ination of the Ht;aring Examiner is appealed, the City shall implement the decisions 'accordingly. (a) If it is detennined by the Hearing Examiner or the City Council that no public nuisance or violation exists, then the City shall notify the affected property owner in writing to confim1 the detennination of the Hearing Examiner or City Council and all abatement processes shall be ceased. -14-