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date of the service of the notice by the City Administrator or <br />his/her designee. The Chief of Police or his /her designee shall <br />notify the Hearing Examiner and the property owner of the date, <br />time and place of the hearing. This hearing shall be conducted no <br />more than ten (10) days after the Hearing Examiner receives notice <br />of the request, unless a later date is mutually agreed to by the <br />Hearing Examiner, the property owner and the City. Both the <br />property owner and the City may appear at the hearing with <br />counsel and may call such witnesses and present such evidence as <br />is determined by the Hearing Examiner to be relevant. Within ten <br />(10) days after such hearing, the Hearing Examiner shall affirm, <br />repeal or modify the order of the City Administrator or his/her <br />designee. The Hearing Examiner's order shall be accompanied by <br />written findings of fact. Any person aggrieved by the decision of <br />the Hearing Examiner may appeal that decision to the City Council <br />by filing notice of such appeal with the office of the Chief of <br />Police. At its next available regular meeting, following the filing <br />of a notice of appeal, the City Council shall review the decision <br />and findings of fact of the Hearing Examiner and shall affirm, <br />repeal or modify that decision. The City shall take no action to <br />abate any nuisance while the matter is still pending before the <br />Hearing Examiner or the City Council. <br />d. Implementation of Hearing Examiner or City Council <br />Determination. Upon a final determination by the Hearing <br />Examiner, or the City Council if the determination of the Hearing <br />Examiner is appealed, the City shall implement the decisions <br />accordingly. If it is determined by the Hearing Examiner or the <br />City Council that no public nuisance 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. If the Hearing Examiner or <br />the City Council find that a public nuisance does exist, then the <br />City shall notify the affected property owner by personal service or <br />by certified mail that the nuisance must be abated within twenty - <br />one (21) days from the date of service of the notice. Service by <br />certified mail shall be deemed complete upon mailing. The order <br />shall also state that failure to abate the nuisance within the <br />applicable time period will result in summary abatement <br />procedures, and that the cost of abatement will be assessed against <br />the subject property. Upon expiration of the time required by the <br />notice, the City Administrator or his/her designee may abate the <br />nuisance. <br />e. Record of Abatement Costs and Billing. The Chief of Police, or <br />his or her designee, shall keep a record of the costs of abatement <br />performed under this Section and shall report monthly to the <br />Finance Officer all work performed for which the property owners <br />shall be billed. The invoices shall state and certify the description <br />of the land, lots or parcels involved and the amount assessable to <br />each. <br />—330— <br />3 <br />