A. Notice and Order and Opportunity to Cure. Following identification of any uses, structures, or buildings that are deemed to be in violation of this code, or any nuisance as defined in this chapter, the code enforcement officer shall issue a notice of order to the property owner and occupant of the subject property. The notice shall specify the exact violation or nuisance that has been identified, a date by which the nuisance must be corrected, provisions regarding reinspection and any fees that may apply, and the name and contact information of the code enforcement officer or designee. Prior to initiation of nuisance abatement, the property owner shall have the opportunity to cure the violation within the specified time period. The code enforcement officer may authorize additional reinspections if there is substantial progress in curing the violation, and all reinspection fees are paid as required by the adopted city fee schedule.

B. Initiation of Nuisance Abatement. Proceedings under this section to terminate, modify, or condition any use, structure or building may be initiated by direction of the hearing officer on its own accord or following recommendation by the zoning administrator. In either case, the direction shall identify the use, building, or structure being considered, identify the property involved, set forth the reason or reasons for the proposed abatement, and fix a time and place for a public hearing on the proposed abatement. Initiation of abatement proceedings may be adopted without a public hearing.

C. Notice of Public Hearing. Upon initiation of abatement proceedings, the city clerk shall give notice to the violator of his right to a public hearing before the hearing officer pursuant to the provisions in Chapter 18.140 MCC, Common Procedures. In addition, within the prescribed time period, the city clerk shall also mail the notice of the right to hearing to the person or persons whose use, structure or building is the subject of the abatement proceedings, any person who requested initiation of abatement proceedings, and to any other person who has filed a written request with the development services department for such notice.

D. Public Hearing. The hearing officer shall conduct a public hearing in the manner prescribed in Chapter 18.140 MCC, Common Procedures and shall provide for testimony by city staff and the owner of the use, structure, or property that is the subject of the proceeding. Any other interested person shall also be given an opportunity to provide testimony.

E. Action. The hearing officer shall consider the staff report and the evidence, testimony, and facts presented at the hearing before taking action. If the hearing officer finds that the use, building, or structure constitutes a nuisance, it may impose any remedy as provided for in this chapter.

F. Decision and Notice. The decision of the hearing officer shall be final. The city clerk shall issue a notice of action describing the hearing officer’s action, with its findings. The city clerk shall mail the notice to the permit holder and to any person who has requested such notification by filing a written request with the city clerk.

G. Effective Date. A decision to abate a nuisance shall become effective immediately after the date of decision.

H. Recovery of Costs. The recovery of costs associated with the revocation proceedings shall be subject to the provisions of MCC Title 9. [Ord. 14-12 § 1; Res. 14-36 § 512.04.]