A. The municipal court shall hold a hearing upon a request filed as provided in MMC 8.18.090. At the hearing the owner may contest the validity of the order or penalties. The city shall have the burden of showing that the property is chronic nuisance property by a preponderance of the evidence. The owner shall have the burden of demonstrating that a valid defense applies and that the owner exercised reasonable care and diligence in attempting to remedy the problem.

B. Any order or penalty imposed may be stayed by the court pending a hearing and decision on the matter by the court.

C. In reaching its decision, the court shall consider the factors set forth in MMC 8.18.060(B).

D. The court may assess costs of the hearing against the property owner if the court determines that the order or civil penalty is valid. The court shall order the property owner to reimburse the city for reasonable attorney’s fees related to the hearing if the court finds that there was no objectively reasonable basis for challenging the validity of the penalties or order.

E. The court may order the city to pay the costs of the hearing, including the property owner’s filing fee, if the court finds that the order or penalties are not valid. The court shall order the city to reimburse the property owner for reasonable attorney’s fees if the court finds that there was no objectively reasonable basis for imposing the order or penalties.

F. In no event shall the court order either party to pay attorney’s fees in excess of $1,000.

G. The McMinnville city attorney’s office shall appear at any hearing under this chapter, and shall represent the interests of the city.

H. The court may consider an issue or evidence that a party failed to raise before the council or hearings officer only if the court determines that the offering party could not reasonably have presented the issue or evidence before the council or hearings officer. (Ord. 4784 §10, 2003).