Any person aggrieved by a decision of the County Building Inspector may appeal such decision by filing with the Clerk of the town, a notice of appeal, no later than ten days following the date of issuance of the decision which is the subject of the appeal.
(A) The notice of appeal shall be in writing, and shall state with specificity the reasons for the appeal. The Town Clerk shall then refer the appeal to the appropriate body, either the Board of Adjustment, or if there is no Board of Adjustment, to the Town Council for review. The appropriate municipal body shall then hold a public hearing, not less than 30 days after receipt of the notice of appeal.
(B) At the public hearing, the aggrieved person shall appear and show cause why the decision of the Building Inspector was in error, and why said decision should be reversed. The Building Inspector shall also appear to defend his or her decision. The County Attorney may assist the Building Inspector at the hearing. The hearing shall be informal, and the State Rules of Civil Procedure and State Rules of Evidence shall not apply. The hearing shall be recorded.
(C) At the hearing, the aggrieved person shall bear the burden of proof, and unless the decision of the Building Inspector shall be found, by a preponderance of the evidence, to be arbitrary, capricious or a clear abuse of discretion, the decision of the Building Inspector shall be affirmed.
(D) If the aggrieved person wishes to appeal the decision of the Board of Adjustment or Town Council, he or she may then appeal directly to the District Court of the county.
(Ord. 32A, passed 6-5-1996)