§ 50-214. Order of abatement and notice of right to appeal.  


Latest version.
  • Upon the conclusion of the hearing on the order to show cause held pursuant to this subdivision, the hearing officer shall determine whether the activity or the property, or any part thereof, as maintained, constitutes a public nuisance. If the hearing officer finds that a public nuisance does not exist, the hearing officer shall dismiss the proceedings. If the hearing officer finds that a public nuisance does exist and that there is sufficient cause to order the abatement of the public nuisance, the hearing officer shall issue an order of abatement, which shall contain findings of fact and shall direct and order the public nuisance abated within the time and in the manner set forth in the order. If the hearing officer consists of more than one individual, the determinations made pursuant to this section shall be made by majority vote. Except in the circumstance when an order of abatement has been issued following a person's failure to appear at a hearing, and where no relief to such person has been granted pursuant to section 50-213, the order of abatement shall include notification of the right to appeal and shall be served in the manner set forth in section 50-183.

(Ord. No. 2002-04, § 2(16B.05.012), 5-8-2002)