A. Request For Hearing: A request for a hearing upon the allegation of a public nuisance and the assessment of costs shall be made in writing and delivered to the Town Clerk within ten (10) days from the date of the notice to abate. Such request shall specify the property concerning which the request is made, the requesting party's name and address and nature of the interest held by the requesting party in the property at issue.
B. Notice Of Hearing: In the event a request for hearing is filed as provided, a hearing shall be held before the Town Council, or such other individual or group as designated by the Town Council to act as hearing examiner. The purpose of the hearing shall be to confirm or deny the existence of a public nuisance and for taking such further action as is authorized under this Chapter. Notice of the time, place and hour of the hearing shall be sent at least ten (10) days in advance of the hearing of all known parties.
C. Conduct Of Hearing: At such hearing, all parties shall be afforded an opportunity to present evidence, to cross-examine and present argument; provided, that all persons testifying shall be sworn; irrelevant, immaterial or unduly repetitious evidence shall be excluded; and the decision of the Town Council or hearing examiner shall be based upon the type of evidence commonly relied upon by reasonably prudent people in the conduct of their serious affairs.
D. Results Of Hearing: At or after such hearing, and in the event of confirmation that a public nuisance exists, the Town Council or the hearing examiner, as the case may be, may resolve or order that the Mayor, and/or his employees or agents, remove or otherwise abate the nuisance; provided however, that if the circumstances justify, in the opinion of the entity or person presiding at the hearing, the time for abatement may be delayed. In the event a nuisance is confirmed, administrative and removal costs may also be assessed at the hearing. If it is found that a public nuisance does not exist, abatement authority shall be denied and costs shall not be assessed.
E. Appeals: Appeals from adverse decisions rendered by the Town Council, pursuant to subsection C of this Section, may be made to the District Court in the same manner as an appeal from an adverse decision rendered by an agency in a contested case under the provision of Wyoming Statutes section 16-3-114. A hearing examiner, as provided in subsection B of this Section, is an agency within the meaning of the Wyoming Administrative Procedures Act 1 , and adverse decisions may be appealed in the manner provided therein.
F. Hearing Deemed Waived: In the event a request for hearing, as provided, is not filed, the right to a hearing shall be considered to have been waived. (Ord. 93-09, 10-5-1993)
Notes
| 1 | 1. W.S. § 16-3-101 et seq. |