§ 5.37.090. Appeal—Hearing—Procedure.

(a)

At the time stated in the notice, the superintendent or his or her authorized designee shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, including city personnel, and interested persons relative to the alleged public nuisance and to the proposed removal of the graffiti. The hearing may be continued without further notice.

(b)

Upon conclusion of the hearing, the superintendent or his or her authorized designee, shall determine whether the premises, as maintained, constitute a public nuisance as set forth in this chapter. If the superintendent or his or her authorized designee finds that such public nuisance does exist, he or she shall determine how the nuisance is to be abated and shall establish a time, not to exceed seven days, within which removal shall take place; and in the event the owner fails to correct the nuisance within the time described, the city shall cause the nuisance to be abated and the cost incurred by the city shall become a personal obligation of the owner and tenant and a lien upon the property.

(c)

A copy of the determination by the superintendent or his or her authorized designee shall be served by mail upon the owner of the affected premises. Service shall be completed at the time of its deposit in a receptacle maintained by the United States Postal Service, with postage fully prepaid.

(d)

No legal proceeding or action shall lie against the city or any officer, agent or employee of the city to enjoin the enforcement of its determination or orders made pursuant to this chapter, unless such legal action is commenced within thirty days after the decision of the superintendent.

(Ord. No. 41-794 § 9)