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a. At the place and time set forth in the notice of appeal hearing, the Hearing Officer shall conduct a hearing on the abatement order.

b. No later than thirty (30) calendar days after the conclusion of the appeal hearing, unless otherwise stipulated by the parties, the Hearing Officer shall issue a written administrative order to uphold, modify or cancel the abatement order, which notice shall include the Hearing Officer’s determination regarding:

1. The existence of the violation; and

2. The failure of the violator or property owner to take required corrective action within the required time period.

c. The administrative order shall include the reasons for the Hearing Officer’s decision which may be based on any or all of the following factors:

1. The duration of the violation;

2. The frequency, recurrence and number of violations, related or unrelated, by the same violator;

3. The seriousness of the violation;

4. The good faith efforts of the violator to come into compliance;

5. The economic impact of the penalty on the violator;

6. The impact of the violation on the community; or

7. Such other factors as justice may require.

d. If the Hearing Officer determines that the abatement order should be upheld, the Hearing Officer’s administrative order may include one or more administrative remedies set forth herein, and shall include:

1. An order to correct the violation, including a schedule for correction and reinspection for compliance, where appropriate;

2. Administrative costs as provided in subsection 10-2.7, as well as the actual costs of the appeal hearing (e.g., payment of the Hearing Officer, any cost for the hearing facility and any other related costs), and any and all direct costs incurred by the City to prepare for and attend the hearing, including, but not limited to, costs of printing and mailing the notice of hearing and any related documents and correspondence; staff costs, including attorney’s fees, incurred in investigating, preparing for and attending the hearing; and costs for all reinspections of the property necessary to enforce the Hearing Officer’s order. The Hearing Officer may establish a payment schedule for any unpaid administrative costs, where appropriate.

e. If the Hearing Officer finds that no violation has occurred or that the abatement order should not be upheld for some other reason, the Hearing Officer’s administrative order shall specify those facts supporting his conclusion and may terminate all further actions related to the abatement order.

f. The Hearing Officer, in its discretion, may suspend the imposition of applicable penalties for any period of time during which:

1. The violator has filed for necessary permits;

2. Such permits are required to achieve compliance; and

3. Such permit applications are actively pending before the City, State or other appropriate governmental agency. (Ord. #2012-159; Ord. #222-2019, S11)