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A. Request of an Appeal. Notices of abatement may be appealed to the director of the department of community development and public works within 10 calendar days of the date of mailing or service. The appeal may contest the determination that a violation exists and the reasonableness of the corrective action ordered. An appeal shall be filed by providing a written request to and shall contain the address that is the subject of the violation, the property owner’s name, phone number, and address, and a description of the reason(s) for contesting the abatement.

B. Notice of Meeting. If an appeal is properly and timely filed, the director shall set a meeting for a date within 30 calendar days of the date the city received the request for an appeal. The notice of hearing shall contain the file number of the case, the date and place of the meeting, and a statement of who may participate in the appeal. The notice shall be placed in the mail at least 10 calendar days prior to the date of the meeting and sent to the last known address of the property owner and to the subject property.

C. Meeting. At the appeal meeting, the property owner may submit a written document to the director or make an oral statement providing any facts and reasons supporting the person’s position. Any written document may be provided to the director prior to the meeting date. The director may reasonably limit the extent of comments at the meeting to facilitate the orderly and timely conduct of the meeting. A code enforcement officer shall be present at the meeting to answer questions and the director shall electronically record the meeting. The property owner shall have the burden of proof by a preponderance of the evidence that a violation has not occurred at the subject property and/or that the corrective action is unreasonable.

D. Ruling. In response to an appeal, the mayor may rescind the abatement notice, affirm it, or may modify the notice. Additionally, the mayor may vacate or reduce any penalties pending, or previously imposed, for any violations related to the nuisance that is the subject of the abatement. If previously imposed penalties are vacated or reduced, any liens for those amounts shall be released or modified accordingly as well.

E. Continuances – Communication of the Ruling. The director may continue the meeting if they are unable to hear all the statements, or for other good cause. If the meeting is continued, announcement of the new time, date and location of the next meeting is sufficient and no further notice of the meeting need be given by the city.

After the appeal meeting, the director will issue its final determination, in writing, within 10 calendar days of the meeting. The determination shall be sent by certified mail, return receipt requested, or served, to the property owner’s last known address.

F. Stay. The timely filing of an appeal shall stay the abatement during the pendency of the appeal, but an appeal does not lift or stay a stop work order. Monetary penalties shall accrue during the appeal period unless the appellant prevails on appeal. In addition to ruling upon the issues presented by the appellant, the director may vacate or reduce any penalties pending, or previously imposed, for any violations related to the vegetation nuisance that is the subject of the abatement. If previously imposed penalties are vacated or reduced, any liens for those amounts shall be released or modified accordingly.

If the examiner denies the appellant’s request for relief, the appellant shall pay the hearing fee as set forth in the city of Auburn fee schedule within 14 calendar days of the hearing. Failure to pay the fee shall be a cost of the abatement subject to cost recovery under this section. (Ord. 6615 § 3, 2016.)