§ 1.12.050. Hearing

A.

If the enforcement officer determines that all violations have not been corrected, within the time specified in the compliance order, the enforcement officer shall advise the city clerk to set a hearing before the city council.

B.

The city clerk shall cause a written notice of hearing to be served on the violator and, where real property is involved, on the owner of the real property.

C.

The city council shall conduct a hearing on the compliance order at the place and time set forth in the notice of hearing.

D.

The city council shall consider any written or oral evidence consistent with its rules and procedure regarding the violation and compliance by the violator or by the real property owner.

E.

Within a reasonable time following the conclusion of the hearing, the city council shall make a finding and issue its determination regarding:

1.

The existence of the violations.

2.

The failure of the violator or owner to correct the violation within the time specified in the compliance order.

F.

The city council shall issue written findings. The findings shall be supported by evidence received at the hearing.

G.

If the city council finds by preponderance of evidence that a violation has occurred and that the violation was not corrected within the time period specified in the compliance order, the city council shall issue an administrative order containing the following:

1.

An order to correct, including a schedule of correction where appropriate;

2.

Administrative penalties as provided in section 1.12.060;

3.

Administrative costs as provided in section 1.12.060.

H.

If the city council finds that no violation has occurred or that the violation was corrected within the time period specified in the compliance order, the city council shall issue a find of those facts.

(Ord. No. 369)