[Ord. No. 2807 §2, 12-3-2007]
A. 
Request For Hearing. The named person or any other interested persons, upon service of a notice issued pursuant to Section 227.050, shall be given the opportunity to appear before the Board of Aldermen to be allowed a hearing on the existence of the violation specifically described in the notice. The named person shall notify the Chief of Police of his/her desire to appear before the Board of Aldermen within seven (7) days of receipt of the notice, and the Chief of Police shall promptly notify the City Clerk of such request for a hearing. The City Clerk shall then schedule the hearing before the Board of Aldermen at the next immediately available meeting of the Board of Aldermen, provided that such date allows compliance with the notice requirement described in Section 227.060(B). Should any hearing be requested under this Section 227.060, the Chief of Police shall not proceed to abate, remove or discontinue the violation, or order the same, until after the hearing is held. Any other interested persons may request a hearing, through the named person, even if they are not specifically identified in the notice. Only one (1) hearing shall be had for each violation identified in any notice and all named persons and other interested persons must therefore make known to the named persons(s) their desire to be heard at the hearing.
B. 
Hearing Procedure. Any hearing under this Section 227.060 shall be held no less than ten (10) days after written notice thereof has been given to the named person or other interested persons. Notice given under this Section must include the time and place of the hearing and may be served by personal service, mailing or posting of such notice upon the property where the violation is alleged to exist. The Mayor shall preside at the requested hearing before the Board of Aldermen and shall provide the Chief of Police the opportunity to present evidence or facts supporting his determination that a violation exists. The named person or any other interested persons shall be provided the opportunity to present evidence or facts which tend to support the position that a violation does not exist, or any other position which the named person or any other interested person desires to assume. After each party has had equal opportunity to present evidence and be heard, the Board of Aldermen shall take the matter under advisement. The Board of Aldermen shall make a determination as to whether a violation does in fact exist within thirty (30) days of the hearing.
C. 
Disposition. After taking the matter under advisement, the Board of Aldermen shall issue its determination in writing and serve such determination upon the named person or any other interested persons. Should the Board of Aldermen determine that a violation does not exist, it shall memorialize such determination in writing and further instruct the Chief of Police to discontinue all enforcement actions and proceedings against the named person or any other interested persons. Should the Board of Aldermen determine that there is a violation, it shall declare in writing that the violation is a nuisance and shall order the same abated, removed or discontinued within seven (7) days of the issuance of such order. Such order shall be served upon the named person and any other interested persons within forty-eight (48) hours of the issuance of the order.
D. 
Failure To Comply With Order. If the Board of Aldermen's order issued under Section 227.060(C) is not complied with, the Board of Aldermen shall instruct the Code Enforcement Officer or his authorized agent to proceed to abate and remove the nuisance pursuant to Section 227.090.
E. 
Appeal. Nothing in this Chapter shall be construed to prevent or preclude the named person or any other interested persons from exercising all rights of appeal in a timely fashion to any appropriate court as may be allowed or provided by any State Statute or court rule.
[Ord. No. 2807 §2, 12-3-2007]
A. 
Hearing Where No Abatement Or Request For A Hearing. Should neither the named person nor any other interested persons request a hearing pursuant to Section 227.060, and should the same persons also fail to abate, remove or discontinue the violation specified in the notice within fourteen (14) days of receipt of notice, the Chief of Police shall hold a hearing for the named person and any other interested persons regarding the violation. Any hearing under this Section shall be held no less than ten (10) days after the Chief of Police has given written notice of such hearing to the person named in the original notice given under Section 227.050. Notice given under this Section 227.070(A) must include the time and place of the hearing and may be served by personal service, mailing or posting of such notice upon the property where the violation is alleged to exist.
B. 
Hearing Procedure — Order. At the hearing held pursuant to this Section 227.070, the Chief of Police shall present evidence supporting the position that the subject violation has not been abated, removed or discontinued. The named person or other interested persons may be present any evidence they so choose. If the violation has not be abated, removed or discontinued, then the Chief of Police, in his sole discretion and having taken into account the evidence presented by the named person or other interested persons, if any, may declare the violation to be nuisance and order the same abated, removed or discontinued within seven (7) days of the issuance of such order. If no person appears on behalf of the named person or other interested persons, the Chief of Police may in his sole discretion declare the violation to be a nuisance and order the same abated, removed or discontinued within seven (7) days of the issuance of such order.
C. 
Failure To Comply With Order. If the Chief of Police's order issued under Section 227.070(B) is not complied with, the Chief of Police or his authorized agent may proceed to abate and remove the nuisance pursuant to Section 227.090.
[Ord. No. 2807 §2, 12-3-2007]
Any named person may seek a review of the decision and order of the Chief of Police made pursuant to Section 227.070(B) before the Board of Aldermen. Request for review of the order must be filed with the City Clerk within five (5) days of the date of the order.