§ 6.28.140. Decision of hearing officer; order of abatement.

(a)

Within a reasonable time, not to exceed 15 calendar days following conclusion of the hearing, the hearing officer shall determine if any nuisance condition exists at the subject property. If the hearing officer determines that each nuisance condition described in the notice of abatement is nonexistent, the notice of abatement shall be deemed canceled. If the hearing officer determines that one or more of the nuisance conditions described in the notice of abatement exists, he shall issue a written order of abatement which shall contain the following:

(1)

A finding and description of each nuisance condition existing at the subject property.

(2)

The name of each person responsible for a nuisance condition, or conditions, at the subject property, as well as the name of any appellant who lacks responsibility therefore.

(3)

The required corrective action and completion date for each unabated nuisance condition.

(4)

Any other finding, determination or requirement that is relevant or related to the subject matter of the appeal.

(b)

The decision of the hearing officer is final and conclusive. The order of abatement shall also contain the following statement: "The hearing officer's decision is final, and judicial review of this decision is subject to the provisions and time limits set forth in Code of Civil Procedure § 1094.5 et seq."

(c)

A copy of the order of abatement shall be served by first class mail on each responsible person to whom the notice of abatement was issued. If the owner is not an appellant, a copy of the order of abatement shall also be served on the owner by first class mail to the address shown on the last equalized assessment roll. Failure of a responsible person to receive a properly addressed order of abatement shall not invalidate any action or proceeding by the city pursuant to this chapter.

(d)

The failure of any appellant to comply with an order of abatement by completing each of the requisite corrective actions in the manner and time set forth in the order of abatement constitutes a misdemeanor offense punishable in accordance with section 1.01.150.

(Ord. No. 905-2013, § 6.28.140, 5-20-2013)