(1) Within 10 days after the posting and serving or mailing of the of the notice required by section 6.080, a person responsible shall remove the nuisance or show that no nuisance exists.

(2) A person responsible, protesting that no nuisance exists, shall file with the enforcing officer a written statement specifying the basis for protesting.

(3) The statement shall be referred to the hearings official. The appellant shall be given at least five days’ prior written notice of the time set to consider the abatement. The hearings official shall take oral or written testimony at the time and place specified in the notice. The hearings official shall prepare written findings of fact and conclusions of law when determining whether a nuisance exists. The hearing official’s determination shall be final.

(4) If the hearings official determines that a nuisance exists, a person responsible shall, within 10 days after the hearings official’s determination, or within a time set by the hearings official, abate the nuisance.