A. A person served with a notice and order may contest it by filing a written request with the city manager for review of the notice and order by the city council in accordance with the procedures provided for in this chapter. The written request for such review must be filed no later than fifteen (15) days after service of the notice of public nuisance.

B. If the city manager timely receives a written request for review, a hearing shall be conducted by a hearing officer, appointed by the city council at its next regularly scheduled meeting which occurs ten (10) or more days following the timely filed written request. The hearing officer shall be an attorney licensed to practice law in Alaska who is not the city attorney. In addition to conducting the hearing, the hearing officer shall make rulings regarding the admission of evidence and procedure, and prepare a proposed written decision for the city council to consider, upholding or denying in whole or in part the notice and order, including but not limited to any penalties, abatement order or other remedies provided for in the notice and order. The decision shall contain findings of fact and conclusions of law.

C. The city council may adopt the hearing officer’s decision or decide the matter itself based on the record created before the hearing officer.

The record shall include an audio tape recording or transcript of the hearing before the hearing officer. The hearing officer shall be present at the city council’s consideration of the hearing officer’s proposed decision to assist and advise the city council.

D. An appeal from any final decision of the city council shall be filed in Superior Court, Fourth Judicial District, Bethel, Alaska, no later than thirty (30) days following service of the final decision upon the parties. Review of the decision by the Superior Court shall be limited to determining whether it is supported by substantial evidence in the record and whether the abatement order, penalties and other remedies imposed are authorized under this chapter. [Ord. 02-06 § 2.]