§ 1.13.130. Findings and order.

A.

Within a reasonable period of time following the conclusion of the hearing, the board shall make findings and issue its written determination in connection with the nuisance abatement cease and desist order.

B.

The findings made by the board shall be supported by the evidence received at the hearing or otherwise submitted to the board in accordance with its rules and regulations.

C.

If the board finds by a preponderance of the evidence that both of the following exist, then the board shall issue a nuisance abatement order:

1.

The public nuisance occurred or recurred at or on the subject property after the compliance date specified in the nuisance abatement cease and desist order; and

2.

The person subject to that nuisance abatement cease and desist order did not take all objectively reasonable steps to comply with that order prior to the compliance date specified in the order, or no condition or situation beyond the control of the person subject to the nuisance abatement cease and desist order prevented compliance with the order by the compliance date specified in the order.

D.

If the board finds that one or more of the following exists, then the board shall issue a finding of those facts:

1.

That the public nuisance did not occur or recur at or on the subject property after the compliance date specified in the nuisance abatement cease and desist order; or

2.

That the person subject to the nuisance abatement cease and desist order took all objectively reasonable steps to comply with the order prior to the compliance date specified in that order; or

3.

That some condition or situation beyond the control of the person subject to the nuisance abatement cease and desist order prevented compliance with that order prior to the compliance date specified in the order.

(Ord. 25523.)