If an owner or person receiving Notice of the Determination of Public Nuisance does not agree with the determination, they may request a hearing. The request must be in writing and must be submitted to the Department of Planning and Protective Services within ten (10) days of the issuance of the Notice pursuant to City Code Section 21-8. A person wishing to request a hearing may use the Hearing Request Form.
Hearing Examiner and Authority: A Hearing Examiner will be assigned to hear the case. The Hearing Examiner has the authority to do any of the following or a combination thereof:
- Make a finding that a violation has occurred.
- Require compliance with the City Code within a specified timeframe.
- Make a finding that no violation has occurred and dismiss the Notice of Determination.
Hearing Fees: If the violation is upheld by the Hearing Examiner, then the party requesting the hearing must pay the actual cost of the hearing, which includes but not limited to, costs associated with a court reporter.
Scheduling of Hearing: The Department of Planning and Protective Services will schedule the hearing in a timely manner. Notification will be sent in writing of date, time and place of the hearing to the person requesting the hearing.
Hearing Procedure: A Hearing Examiner conducts the hearing, consider the evidence and issue an order in accordance with City Code Section 21-9.
Conduct of the Hearing:Any party may be represented by counsel and have the right to present evidence. The technical rules of evidence do not apply in the hearing. Objections to evidence will be noted and a ruling given by the Hearing Examiner.
All testimony will be under oath. A recording will be made by the City or a written record of the hearing may be made by a reporter to be employed by the City. If the violation is upheld by the Hearing Examiner the cost of the reporter will be a lien upon the lot, tract, or parcel of land for where the violation occurred.
Failure to Appear: In the event that any or all of the parties fail to appear at the hearing, the evidence of the existence of facts which constitute grounds alleged in the Notice shall be unrebutted and proposed enforcement action may be implemented.
Decision and Order: Within thirty (30) days from the date of the hearing, the Hearing Examiner will make conclusion of law as to whether or not a nuisance exists in accordance with City Code Section 21.