§ 80.08  APPEAL OF DETERMINATION OF NUISANCE; ABATEMENT.
   (A)   Within the period for abatement specified on the notice of violation, the property owner or other responsible person may request in writing a review of the nuisance determination by the Town Manager. Unless the unlawful condition is dangerous so as to require summary abatement per the preceding section, such written request shall stay the abatement of the nuisance by the town until the completion of the review by the Town Manager or his or her designee. In the event no appeal is taken, the town may proceed to abate the nuisance.
   (B)   Within ten days of receiving a request for review, the Town Manager shall hold a hearing to review the nuisance determination. At this hearing, all interested persons shall be heard and may offer evidence and be represented by an attorney. The hearing shall be conducted in an informal manner to determine whether there is a sufficient legal and factual basis to affirm the nuisance determination, and the rules of evidence shall not apply; provided, that the decision of the Town Manager shall be based upon substantial and reliable evidence. If, following the hearing, the Town Manager upholds the findings, and declares the condition existing on the property to be a danger and hazard to the health, safety, and general welfare of the inhabitants of the town and a public nuisance, the Town Manager shall issue a written order directing the property owner or other responsible person to abate the nuisance within 15 days and/or, if the nuisance is not abated by the property owner, directing the town to abate the condition constituting a nuisance.
   (C)   Rather than reviewing an appeal, the Town Manager, in his or her sole discretion, may for good cause refer the review of any notice of violation to the Town Council.
   (D)   If a nuisance is found to exist, the responsibility for abatement shall rest with the property owner and any other responsible person, notwithstanding that the nuisance is found to exist, wholly or in part, within a town easement which crosses private property.
   (E)   Nothing in this section shall prevent the property owner or other responsible party from abating the nuisance in question in accordance with the notice of violation prior to any requested review pursuant to this section.
(Ord. passed 12-16-2019)