(A) An owner or occupant may appeal the written decision of the City Manager within fourteen (14) calendar days of service thereof, by certified mail return receipt requested, to the Board of Council Members by filing a "Notice of Appeal to the Board of Council Members" with the City Clerk containing a statement of the basis for the appeal. The Board of Council Members shall, within forty-five (45) calendar days thereafter, conduct a hearing on the decision of the City Manager or City Manager's designee. At the hearing before the City Council, the appellant and the City shall each be given an opportunity to present arguments and evidence, to include witness testimony. The rules of evidence shall not apply. The Board of Council Members may terminate the proceeding at a time determined in advance by the Board, provided a reasonable time shall be given to permit the appellant and the City to present their respective arguments and evidence. The Board of Council Members may terminate a hearing at any time upon a determination that the additional evidence and argument to be proffered by the appellant or the City will be duplicative or not relevant or necessary to the issues to be resolved. The Board of Council Members shall render a decision at the hearing, to include a continuation thereof in the event the hearing is tabled.
(B) A written decision shall be prepared based upon the decision of the Board of Council Members and may be served upon the appellant at the hearing or forthwith thereafter by certified mail return receipt requested. This decision shall set forth the findings regarding the nuisance, if an, and any matters appropriate to abatement and penalties and fines.
(C) If work to abate and remove the nuisance is not commenced within the required period, if the nuisance is not abated or removed within the required period, if the nuisance is not abated or removed within a reasonable time after the commencement of work, or if no written appeal notice has been received by the City Manager within the time specified, the City may proceed to abate the nuisance and recover the costs, fines and penalties provided in the determination and order by the Council.
(D) The failure of an owner or occupant to appeal a decision within the times required in this Chapter shall result in the waiver of those appeal rights and strict compliance with the decision of the City Manager shall be required.
(E) The decision of the Board of Council Members at an appeal hearing pursuant to this Chapter shall be final for purposes of judicial review. Any action for judicial review shall be commenced by filing a petition with the District Court for the Fourth Judicial District, in and for the County of Elko, State of Nevada, no more than thirty (30) calendar days from the date of the decision of the Board of Council Members.(Ord. 253, 9-14-2022)