A. Within ten days after the posting and mailing of the notice as provided in BC 5.05.200, a person responsible shall remove the nuisance or show that no nuisance exists.

B. A person responsible, protesting that no nuisance exists, shall, within ten days after posting, file with the city recorder a written statement specifying the basis for protesting. The city recorder shall give the person responsible who files a written protest notice of the date and time when the council will consider the abatement. The notice from the recorder shall be mailed by regular mail at least five days prior to the council hearing. The failure to file a written statement waives any objection that the person may have to the finding that a nuisance exists or to the abatement of the nuisance by the City.

C. The statement shall be referred to the council as part of the council’s regular agenda at its next succeeding meeting or at such time as may be convenient. At the time set for the public hearing the council will hear the matter de novo and may consider any material it deems relevant and probative. The council shall allow argument by a person responsible or their legal representative and by the City representative. The council shall make its decision based upon a determination of whether the thing, substance or act is offensive, injurious or detrimental to the public health, safety or welfare of the City. The council, after hearing the matter, may determine that no nuisance exists, determine that a nuisance exists and order its abatement, impose conditions on the person responsible, or delay the time for abatement of the nuisance. The council shall make written findings in support of its decision when a nuisance is determined to exist, and its decision shall be final. Council determination shall be required only in those cases where a written statement has been filed as provided.

D. If the council determines that a nuisance does in fact exist, a person responsible shall abate the nuisance within ten days after the council’s determination, unless the council has delayed the time pursuant to subsection C. [BC 5.05.205, amended by Ordinance No. 3451, 6/18/85]