(A) Parties who may appeal. Any party aggrieved by any action taken by a city official or nuisance ordinance enforcement officer under this chapter may appeal that action by delivering a written notice of an appeal within ten business days of the time that the person is provided with notice of the action by a city official or enforcement officer. The notice of an appeal shall be delivered to the City Clerk-Treasurer at 304 Main Cross, Charlestown, Indiana 47111 during regular business hours, whereupon the Board shall set a hearing to consider evidence presented by the aggrieved party. Decisions of the Board may be appealed to the County Circuit Court within 30 calendar days of notice of a decision being provided by the Board to the aggrieved party.
(B) Contents of notice of appeal. The notice of an appeal provided for in division (A) above must be in writing and shall be written in type or legible printing, stating, at a minimum, the following:
(1) The name of the aggrieved party;
(2) The relationship of the aggrieved party to premises deemed a public nuisance (e.g., owner, occupant, mortgagee and the like);
(3) The mailing address of the aggrieved party;
(4) The specific action or inaction of the city official or enforcement officer from which an appeal is being taken;
(5) The date(s) that the action or inaction of the city official or enforcement officer described above occurred;
(6) The location of the premises deemed a public nuisance;
(7) The date(s) that any notices were provided to the aggrieved party by a city official or enforcement officer;
(8) Each reason the aggrieved party disagrees with the determination of the city official or enforcement officer; and
(9) The name and address of all persons the aggrieved party is aware of that have information or personal knowledge to support the aggrieved party’s appeal.
(C) Appeal hearing. An appeal of any action taken by the enforcement officer or city official taken under this chapter should be heard by the Board within 30 calendar days after the filing of the notice of an aggrieved party’s intent to appeal such action(s), or as soon thereafter as practical under the circumstances. The issues on appeal are limited to:
(1) Whether the aggrieved party is the owner or occupant of premises deemed to be a public nuisance;
(2) Whether there was a preponderance of evidence that nuisance behavior habitually took place on premises within the city;
(3) Whether or not notice was served or provided to the owner and/or occupant of the premises that was deemed public nuisance;
(4) Whether the owner and occupant of the premises abated all of the nuisance behavior at the premises;
(5) Whether fines or other enforcement action that were imposed were reasonable under the circumstances;
(6) Whether a preponderance of evidence exists to justify a close and vacate order and/or order requiring disconnection from utility services to the premises deemed a public nuisance; and
(7) Such other issues as may be necessary to conduct a just appeal.
(D) Appeal of Board action.
(1) Any person aggrieved by a determination of the Board concerning any appeal made to the Board may appeal the Board’s final decision to the County Circuit Court.
(2) Such appeals are to determine if the Board’s record contained sufficient evidence to support the Board’s determinations and are not in the nature of a trial de novo.
(Ord. 2016-OR-07, passed 2-15-2016)