(A) In order to interpret provisions of the nuisance ordinance codified herein, and to hear appeals provided for thereunder, there is hereby established an Nuisance Abatement Board of Appeals (“NABA”) consisting of five members who shall not be employees of the municipality. The Nuisance Inspector shall be an ex officio member of and shall act as Secretary to the Board. The NABA may adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the applicant with a copy to the Nuisance Inspector. Copies of all rules and regulations adopted by the NABA shall be delivered to the Nuisance Inspector, who shall make them accessible to the public without cost.
(B) A written application for a hearing to the NABA shall state the time within which the person must conform to the provisions of the nuisance notice. A written application for a hearing must be mailed to the NABA within ten working days of the service of the notice issued by the Nuisance Inspector.
(C) In the event the owner or occupant makes such request for a hearing, the NABA shall set the time and place for hearing objections and the Clerk shall notify the owner, occupant, or other persons in writing of the time and place at which he, she, or they may appear and be heard. The hearing shall not be heard within less than five working days from the date of service or mailing of the notice of hearing.
(D) (1) Upon a proper application for hearing from an owner, occupant, or other person having an interest in property which is the subject of notice to remove or abate weeds, objectionable conditions, or objects from the property, the NABA shall conduct an informal hearing (which need not be reported) wherein such persons may present such evidence and argument as is pertinent to the question of whether or not the removal or abatement of the objects or conditions is property within the purview of this subchapter.
(2) The NABA shall also permit the presentation of evidence and argument by the Inspector and other interested parties. Thereafter, within not less than five nor more than ten days, the NABA as it may designate, render its written decision, a copy of which shall be mailed or served upon the owner or other person to whom original notice was given by the Inspector.
(E) In the event the decision of the NABA upholds the determination of the Inspector, the notice originally given by the Inspector as above provided shall be deemed to be sufficient to require the owner or occupant to remove or abate the objectionable objects or conditions, and he, she, or they shall have up to ten days from the date of notice of the decision within which to conform thereto, unless additional time, not to exceed 30 days, is authorized by the Inspector.
(F) (1) In the event that the decision of the NABA either overrules or modifies the determination of the Inspector, the written decision of the NABA either overrules or modifies the determination of the Inspector, the written decision of the NABA shall apprise the owner or occupant of that fact and set forth the details and extent to which the owner or occupant must make removal or other abatement of the objectionable objects or conditions, if any.
(2) The owner or occupant shall be required to conform to the decision of the NABA within ten days after service or mailing of a copy of the decision, and the decision shall be deemed to be the modified decision of the Inspector unless additional time is authorized by the NABA.
(G) The Inspector shall file an amended notice and proof of service of notice and file the same in the office of County Treasurer.
(Ord. 2007-01, passed 1-10-2007) Penalty, see § 91.99