§ 8.12.170. Rehearing request—Postponement determination.

A.

A fee, as set by council resolution, shall be paid to the city engineer whenever a person requests a rehearing before the planning commission to request postponement of city action leading to demolition, removal, barricading, property cleanup or other abatement procedure. At such a rehearing, the board will consider all evidence submitted and after such consideration may find that a postponement is unwarranted and order any abatement work considered necessary to be performed by a specified date after which date the city engineer shall cause such work to be performed or completed without further notice. The board may also find that further rehearings are not warranted and order that no further rehearings will be granted with respect to any or all of the required work. In the event of such order, the city engineer shall reject any request for further rehearings and return any rehearing fees tendered and any such requests shall be considered to have no bearing on the matter and in no way shall they postpone any abatement action ordered by the board as a result of a rehearing granted under this section. Nothing in this section shall prevent the board itself or the city engineer from bringing any matter before the board for rehearing.

B.

The city engineer or a person affected may be granted a rehearing without payment of the prescribed fee, provided the city engineer first determines and recommends that:

1.

The purpose of the rehearing is for an extension of time to complete work ordered by the board; and

2.

Substantial progress has been made in accordance with the intent of the last board order; or

3.

Circumstances warrant further review by the board.

C.

The city engineer shall notify every person who has requested a rehearing of the time and place thereof as provided in Section 8.12.180, except a person who has waived such notice. The city engineer may, but is not required to, give such notice of hearing to other persons concerned.

D.

The city engineer shall notify all persons who either have requested a rehearing or who have corresponded with the city engineer concerning the case of the action of the planning commission.

(Ord. 561 § 1 (part), 1993; prior code § 1215 (b))