Agenda - Council - 07/10/2007 - Laserfiche WebLink

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will be abated and proceed with the abatement, unless a request for • a hearing has been timely filed. C. Appeal to Hearing Examiner. Any property owner who feels aggrieved by an order of the City Administrator or his/her designee issued pursuant to this Section may request a hearing before the Hearing Examiner. Such request shall be filed in writing with the office of the Chief of Police within fourteen (14) days after the date of the service of the notice by the City Administrator or his/her designee. The Chief of Police or his/her designee shall notify the Hearing Examiner and the property owner of the date, time and place of the hearing. This 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. 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 determined by the Hearing Examiner to be relevant. Within ten (10) days after such hearing, the Hearing Examiner shall affirm, repeal or modify the order of the City Administrator or his/her designee. The Hearing Examiner's order shall be accompanied by written findings of fact. Any person aggrieved by the decision of the Hearing Examiner may appeal that decision to the City Council • by filing notice of such appeal with the office of the Chief of Police. At its next available- regular meeting, following the filing of a notice of appeal, the City Council shall review the decision and findings of fact of the Hearing Examiner and shall affirm, repeal or modify that decision. The City shall take no action to abate any nuisance while the matter is still pending before the Hearing Examiner or the City Council. d. Implementation of Hearing Examiner or City Council Determination. Upon a final determination by. the Hearing Examiner, or the City Council if the determination of the Hearing Examiner is appealed, the City shall implement the decisions accordingly. If it is determined by the Hearing Examiner or the City Council that no public nuisance exists, then the City shall notify the affected property owner in writing to confirm the determination of the Hearing Examiner or City Council and all abatement processes shall be ceased. If the Hearing Examiner or the City Council find that a public nuisance does exist, then the City shall notify the affected property owner by personal service or by certified mail that the nuisance must be abated within fourteen (14) days from the date of service of the notice. Service by certified mail shall be deemed complete upon mailing. The order • shall also state that failure to abate the nuisance within the 3 -67-