§ 97.09 PROCEDURAL REVIEW OF NUISANCE DETERMINATION OR AN EVICTION FILING ORDER.
   (A)   An owner or property agent may petition for review of a nuisance determination or an eviction filing order in writing within 5 calendar days of receipt of such notice. The Code Enforcement Board shall accept petitions for review filed in person, by email, facsimile, or mail on a form prescribed by the Code Enforcement Board which form shall include information regarding the review process including all relevant deadlines and information regarding the prohibition of renting to an evicted party pursuant to § 97.13. Any owner or property agent submitting a petition for review shall identify only issues related to procedural violations of this chapter in their petition for review.
   (B)   The Code Enforcement Board shall conduct a procedural review of the manner in which the subject nuisance determination or eviction filing order was issued at its first reasonable opportunity and no later than 30 calendar days after a petition for review has been received. An owner or property agent who filed a petition for review shall receive notice of the date, time, and place of the meeting at which a determination shall be issued at least 5 calendar days prior to the date of the meeting. The Code Enforcement Board's review shall be limited to whether the procedural requirements of this chapter resulting in the issuance of a nuisance determination or an eviction filing order have been followed. The Code Enforcement Board shall not hear any testimony or comment when making its determination. A determination issued by the Code Enforcement Board shall be final. In the event the procedures of this chapter are not followed and a determination is issued in favor of the owner or property agent, the nuisance determination or eviction filing order that is the subject of the petition for review shall be vacated. Following the timely filing of a petition to review by an owner or property agent, the town shall not commence an action against an owner or property agent for violation of this chapter until a procedural review has been conducted by the Code Enforcement Board.
(Ord. 2016-01, passed 2-15-2016)