(A) Any person who has been ordered to abate a public nuisance shall have the right to appeal such order within five days of service of said notice and order as provided in this subchapter by giving written notice of appeal to the Town Manager by filing said notice of appeal with the Town Clerk. The Town Manager will then schedule a hearing within five days after receipt of the notice of appeal and inform the property owner and, if different, the occupant or person in possession of the premises in question, as well as any other citizen who has filed a complaint resulting in the investigation, of the date, time, and place of the hearing. The rules of evidence will not apply to the hearing. Anyone with relevant information may be allowed to give testimony. The Town Manager will issue a written decision to the parties involved no later than five days after the hearing.
(B) The property owner and, if different, the occupant or person in possession of the premises in question may then appeal the decision to the Town Council by filing a notice of appeal with the Town Clerk within five days of the date the Town Manager’s decision is personally delivered to the person or the date the notice is mailed by first class mail to said person’s last known address. The Town Council will hold a hearing at the first regularly scheduled Council meeting which is at least three days after receiving the notice of appeal or at any earlier meeting at least at three days after receiving the notice of appeal which is properly convened as allowed by G.S. Ch. 143, Art. 33C, provided the property owner and, if different, the occupant or person in possession of the premises are given actual notice of date and time of the meeting in person or by telephone at least three days in advance of the meeting or by notice mailed by first class mail at least seven days in advance of the meeting. The Town Clerk will send notice as required herein of the date, time, and place of the hearing as soon as available to the property owner and, if different, the occupant or person in possession of the premises. To the extent practicable, notice shall also be provided in like manner to any other citizen who has filed a complaint resulting in the investigation.
(C) The Town Council may consider all reliable evidence and shall not be bound by the strict rules of evidence applicable to courts of law, but all witnesses shall be sworn. The respondent may be represented by counsel and may present evidence. All parties may cross examine adverse witnesses. At the conclusion of the hearing, the Town Council shall make findings of fact, state its conclusions, and enter an appropriate order. The Town Council’s order shall be reduced to writing and a copy sent by first class mail to the last known address of, or delivered personally to, the property owner and, if different, the occupant or person in possession of the premises within three days of the hearing.
(Prior Code, § 1406)