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05-10-2023 Council Packet
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05-10-2023 Council Packet
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4 <br /> <br />(1) Such request shall identify with specificity the basis for the <br />property owner’s objection to the interpretation of this Code and <br />notice of violation. <br />(2) Such request shall be filed in writing with the Community <br />Development Department within 14 days after the date of the <br />service of the notice by the City Administrator and/or designee. <br /> <br />b. Conference. <br />(1) The Community Development Director shall schedule a <br />conference to be conducted no more than 10 days after receipt <br />of the hearing request. A later date may be mutually agreed <br />upon by the parties. The conference will be held between the <br />City and the property owner to encourage a resolution prior to a <br />hearing brought before the City Council. <br />(2) If after the conference, no resolution has been made, the <br />Community Development Director or designee, shall notify the <br />property owner of the date, time and place of the hearing. <br /> <br />c. Hearing. <br />(1) A hearing shall be conducted during the first available City <br />Council meeting after an appeal request from the conference is <br />received. Appeals to the conference must be received within 10 <br />days of final resolution of the conference unless a later date is <br />mutually agreed to by the property owner and the City. <br />(2) Both the property owner and the City may appear at the hearing <br />with Council and may call such witnesses and present such <br />evidence relevant to the case. <br />(3) Any history of the property owner’s prior violations shall be <br />deemed relevant and admissible as evidence. <br /> <br />d. Resolution. <br />(1) A decision shall be made to affirm, repeal or modify the order <br />of the City at the conclusion of the conference. Within 14 days <br />after such conference, the findings of fact and final decision <br />shall be provided to the property owner. <br />(2) Any person aggrieved by the decision reached during the <br />conference may appeal that decision to the City Council by <br />filing notice, in writing, of such appeal with the Community <br />Development Department within 10 days of the decision <br />reached during the conference. <br />(3) Within 30 days of the filing of a notice of appeal of the <br />conference’s decision, the City Council shall review the <br />decision and findings of fact reached during the conference and <br />shall affirm, repeal or modify that decision. <br /> <br />The City shall take no action to abate any nuisance or violation while the <br />matter is still pending. <br />
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