§ 5-36.110. Abatement work—Appeal of notice.

Any person aggrieved by the action of the Director of Community Services in issuing a Notice and Order pursuant to the provisions of this chapter may appeal such notice to the City Manager or his or her designee. If no appeal is filed within ten (10) days of date of mailing of the Notice and Order, the order of the Director of Community Services shall be final. Revocation of the Notice and Order by the City Manager or his or her designee or voluntary abatement of the nuisance either on or prior to the Notice and Order due date, and any authorized extensions thereto, shall cause the case to be closed.

(a)

Appeals shall set forth the following information:

(1)

The street address or assessor's parcel number of the property in question;

(2)

The specific facts that justify the appellant's contentions; and

(3)

The appellant's name, an address to send all notices, and a daytime telephone number to contact appellant or leave messages for appellant.

(b)

The Director of Community Services shall notify the appellant of the time and place for the appeal and shall conduct the appeal within a reasonable time but not less than five (5) calendar days after receipt of the appeal.

(c)

The City Manager or his or her designee shall consider all material evidence that a reasonable person would normally rely upon to make a significant decision.

(d)

The City Manager or his or her designee shall make written findings and render a decision as to whether or not the property constitutes a public or attractive nuisance and, if so, when such condition(s) must be abated.

(e)

All decisions by City Manager or his or her designee shall be final decisions of the administrative power of the City and not subject to further appeal.

(§ 3 (part), Ord. 921, eff. July 2, 1998, as amended by § 8, Ord. 1095, eff. July 19, 2006)