Laserfiche WebLink
If a property owner feels that the violation cited is not warranted, they would have the right to <br />request a hearing in front of the Hearing Examiner. If the Hearing Examiner finds that the <br />violation is non - existent then no corrections are required. However, if the Hearing Examiner <br />upholds the finding of a violation, the 21 day clock would start and the property owner is <br />required to correct the violation within that time frame. If the property owner disagrees with the <br />finding of the Hearing Examiner, they can appeal to City Council. If City Council upholds the <br />violation, the 21 day clock starts following their decision. If the Council overturns the decision <br />of the Hearing Examiner, then no corrective action is required. <br />The adoption of the Abatement Ordinance will require some additional direction and follow up <br />tasks related to the following issues: <br />1. Hearing Examiner Options <br />• Determine if it is an entity of one or multiple persons. <br />• Hire a professional hearing officer? <br />• Utilize a current board or commission? <br />• Create a new board or committee of residents and/or business owners? <br />• Does a volunteer board or committee receive compensation? <br />• Amend City Code Chapter 2 (Boards and Commissions) accordingly. <br />2. Recoup Staff Costs <br />• Amend Rates and Charges to set a standard staff fee for coordinating abatement <br />activity. <br />• Include escalated fee for additional abatement activities at the same address <br />within a 12 month period. <br />• Costs incurred in certifying the unpaid assessments to the County Auditor are <br />proposed in accordance with State statutes. <br />3. Selection of Sub - contractors to perform abatement activity <br />• How do we select subs to perform various activities — remove debris and junk, <br />remove junk vehicles, mow weeds and grass, etc. <br />• Do we solicit bids from various service providers? How often? Annually or for <br />each case? <br />4. City Code amendments necessary to a successful abatement program <br />• All sections of City Code that will be subject to abatement activity need to be <br />reviewed and possibly amended to bring clarity to what the City is defined as <br />public nuisance and what types of violations are subject to abatement. <br />• Repeal conflicting penalty and enforcement language throughout Code where <br />abatement will be applied. <br />-326- <br />