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Agenda - Council - 09/11/2007
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Agenda - Council - 09/11/2007
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3/19/2025 1:33:29 PM
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9/7/2007 10:43:19 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
09/11/2007
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<br />notice shall state with specificity the nature of the nuisance or <br />violations and the requirements for compliance. The efdef notice <br />shall also state that the property owner may, within fourteen (14) <br />days of the date of the order, request a hearing before the Hearing <br />Examiner and shall set out the procedure by which that hearing may <br />be requested. The effief notice shall also state that failure to abate <br />the nuisance or violation, or request a hearing within the applicable <br />time periods will result in abatement procedures, and that the cost of <br />abatemeJ'lt will be billed to the property owner. Upon expiration of <br />the time required by the notice, the City Administrator. or hislher <br />designee shall notify the property owner of the date on which the <br />nuisance or violation will be abated and proceed with the abatement, <br />unless a request for a hearing has been timely filed. The City shall <br />within seven (7) days, or as soon as it can be reasonably <br />accomplished, have the property abated in accordance with this <br />section. <br /> <br />111. Appeal to Hearing Examiner. Any property owner who feels <br />aggrieved by an order of the City Administrator or his/her designee <br />issued pursuant to this Section may request a hearing before the <br />Hearing Examiner. Such request shall identify with specificity the <br />basis for the property owner's obiection to the interpretation of City <br />Code and notice of violation. Such request shall be filed in writing <br />with the office of the Chief of Police within fourteen (14) days after <br />the date of the service of the notice by the City Administrator or <br />his/her designee. The Chief of Police or hislher designee shall notify <br />the Hearing Examiner and the property owner of the date, time and <br />place of the hearing. This hearing shall be conducted no more than <br />ten (10) days after the Hearing Examiner receives notice of the <br />request, unless a later date is mutually agreed to by the Hearing <br />Examiner, the property owner and the City. Both the property owner <br />and the City may appear at the hearing with counsel and may call <br />such witnesses and present such evidence as is determined by the <br />Hearing Examiner to be relevant. Within ten (10) days after such <br />hearing, the Hearing Examiner shall affirm, repeal or modify the <br />order of the City Administrator or hislher designee.. The Hearing <br />Examiner's order shall be accompanied by written findings of fact. <br />Any person aggrieved by the decision of the Hearing Examiner may <br />appeal that decision to the . City Council by filing notice of such <br />appeal with the office of the Chief of Police. At its next available <br />regular meeting, following the filing of a notice of appeal, the City <br />Council shall review the decision and findings of fact of the Hearing <br />Examiner and shall affirm, repeal or modify that decision. The City <br />shall take no action to abate any nuisance or violation while the <br />matter is still pending before the Hearing Examiner or the City <br />Council. <br /> <br />-209- <br />
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