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NS-2282
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Last modified
1/3/2012 1:02:26 PM
Creation date
6/26/2003 10:08:09 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2282
Date
4/15/1996
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ORDINANCE NS-2282 <br /> <br />other factors to relieve the responsible party or parties under <br />this article. Any such request shall be in writing and shall be <br />mailed or delivered to the director within fourteen (14) days of <br />the date of the notice. Upon receipt of such request, the director <br />shall arrange for a hearing officer to hear and determine the <br />matter and shall set the date, time and place for the hearing, <br />which shall not be less than ten (10) nor more than forty-five (45) <br />days after the director's receipt of the request for the hearing. <br />The hearing officer may continue a hearing at his or her discretion <br />for good cause. <br /> <br /> (b) At the hearing the responsible party or parties shall be <br />entitled to present evidence to the hearing officer that the <br />conditions alleged to constitute the nuisance did not in fact exist <br />or if there are any other factors which may relieve the responsible <br />party or parties from liability. The responsible party or parties <br />shall be entitled to examine the enforcement officer on these <br />issues. The enforcement officer shall be entitled to present <br />evidence that such conditions did in fact exist. Upon conclusion <br />of the hearing, or within a reasonable time thereafter, the hearing <br />officer shall make written findings as to the existence or non- <br />existence of the responsible party's or parties' liability under <br />this article. The right to a hearing herein provided shall be the <br />final city administrative remedy on the issue of the existence of <br />the nuisance, and the conclusions of the hearing officer shall be <br />final and conclusive except for judicial review. <br /> <br />Bec. 17-106. Referral to city attorney. <br /> <br /> Whenever a nuisance has not been abated by the responsible <br />party or parties within the time set by the notice to abate a <br />nuisance sent pursuant to sections 17-103 and 17-104, or within <br />such extended time period as may be granted by the enforcement <br />officer in his or her reasonable discretion, the enforcement <br />officer may refer the matter to the city attorney for the <br />initiation of civil or criminal proceedings to secure the abatement <br />of the nuisance. The city attorney is authorized to initiate <br />either criminal o~ civil proceedings or both for such purpose. <br /> <br />17-107. <br /> <br />Liability for abatement and related administrative <br />costs. <br /> <br /> (a) With regard to any nuisance as to which a notice to abate <br />has been given pursuant to sections 17-103 and 17-104, except in <br />any case where a hearing officer has determined that the conditions <br />alleged to constitute the nuisance did not in fact exist, or that <br />the responsible party or parties are otherwise not liable under <br />this article, the responsible party or parties shall be liable to <br />the city for the expense of abatement. In the case of second or <br />subsequent violations, such liability shall exist even if the <br />nuisance is abated by the responsible party or parties, although <br />the director may, in his or her reasonable discretion, waive <br /> <br /> <br />
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