Agenda - Council Work Session - 10/11/2022

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d. Settlement Hearing. d. Resolution. 1. A settlement hearing shall be conducted during the first practical City Council meeting after an appeal request from the settlement conference is received. Appeals to the Settlement conference must be received within ten days of final resolution of the conference. no more than ten 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 relevant to the case. as is determined by the hc\oring examiner to be relevant. 3. Any history of the property owner's prior violations shall be deemed relevant and admissible as evidence. 1.The hewing examiner shall render a dccision to affirm, repeal or modify thc order of thc city at thc conclusion of thc hearing. Within 14 days after such hearing, thc hearing examiner shall provide written findinrss of fact. 2. Any person aggrieved by thc d ay appeal that decision to the 24 hours or next business day, of thc hearing examiner's dccision. repeal or modify that dccision. The city shall take no action to abate any nuisance or violation while the matter is still pending. (4) Implementation of hearing examiner settlement conference or city council determination. Upon a final determination by the hearing examiner settlement conference, or the city council, if the determination of the settlement conference hearing -examiner is appealed, the city shall implement the decisions accordingly. a. If it is determined during the b he hearing examiner settlement conference or the city council hearing that no public nuisance or violation exists, then the city shall notify the affected property owner in writing to confirm the determination of the hearing-exam-i-n-ef settlement conference or city council and all abatement processes shall be ceased. b. If the settlement conference or the city council finds that a public nuisance or violation of this Code does exist, then the city shall notify the affected property owner by personal service, posting notice on primary entry to nome, or by certified mail that the nuisance must be abated within 14 days from the date of service of the notice. Service by certified mail shall be deemed complete upon mailing. 1.The order shall also state that failure to abate the nuisance within the applicable time period will result in summary abatement procedures, and that the cost of abatement will be assessed against the subject property. 2.Upon expiration of the time required by the notice, the city administrator or his designee may abate the nuisance or violation. (5) Abated property storage.