A. In addition to any other abatement procedure provided in this chapter, the city manager or designee or the city prosecutor, in the name of the city of Sedona, may apply to the municipal court for an order permitting the city to abate any condition that constitutes a violation of this chapter.

B. After notice to the owner and any responsible party, the judge or court hearing officer shall conduct a hearing. The hearing shall be informal and open to the public. Evidence may be taken from any interested party and considered in determining whether a condition in violation of the code exists and what, if any, abatement action should be permitted. Any person who fails to appear after notice of the hearing may be deemed to have waived any right to introduce evidence. The court’s determination shall be based on the preponderance of evidence.

C. Upon finding that abatement is appropriate, the court may order securement, cleanup or any other action the court deems reasonably necessary to correct the violation(s).

D. The reasonable costs of any abatement permitted by the court’s order shall be the responsibility of the owner and may be collected as provided in this chapter.

E. Any party may appeal the judgment of the court to the superior court. Appeals from civil proceedings shall be in accordance with the Superior Court Rules of Appellate Procedure – Civil, or its successor statutes, if any. Appeals from criminal proceedings shall be in accordance with Superior Court Rules of Appellate Procedure – Criminal, or its successor statutes, if any. Execution of any judgment shall be stayed pending appeal when the defendant posts an appeal bond in accordance with the order of the trial court, or when no bond is fixed, and a notice of appeal has been filed. [Ord. 2022-04 § 1, 9-13-2022; Res. 2022-27 Exh. A, 9-13-2022].