§ 54-405. Request for hearing.

(a)

Request for hearing. A property owner may request a hearing before the special magistrate upon receipt of a declaration of chronic nuisance property or notice of violation regarding the action plan. A request for hearing shall be filed with the city and shall:

(1)

Be in writing;

(2)

Provide a short, plain statement identifying the factual, procedural or legal error upon which the request for hearing is based; and

(3)

Include a copy of the declaration of chronic nuisance property or notice of violation.

(b)

Time for filing a request for hearing. A request for hearing shall be filed with the city within 15 days from the date of the declaration of chronic nuisance property or 15 days from the date of the notice of violation regarding the action plan.

(c)

Waiver of right to contest. If the owner of a chronic nuisance property fails to file a timely request for hearing, the property owner shall be deemed to have waived the right to contest the declaration of chronic nuisance property or notice of violation.

(d)

Hearing by the special magistrate. Upon receipt of a timely request, the city shall schedule a hearing before the special magistrate. The hearing shall be limited to the review of the record or evidence upon which the city based the declaration of chronic nuisance property or notice of violation regarding the action plan.

(e)

Decision of the special magistrate. After reviewing the record or evidence upon which the city based its determination, the special magistrate shall either uphold or reject the declaration of chronic nuisance property or notice of violation regarding the action plan, as appropriate. The decision of the special magistrate shall be in writing and shall be deemed final. If the special magistrate upholds the notice of violation, the special magistrate shall immediately enter a chronic nuisance service order in accordance section 54-406. If the special magistrate rejects the notice of violation, the special magistrate shall identify the factual, procedural or legal error upon which the decision is based. Notwithstanding, the property owner shall be required to submit and implement an action plan in accordance with section 54-403 if the special magistrate finds that a pattern of nuisance activity occurred at the property.

(Ord. No. 4350-11, § 2, 9-6-2011)