(B) Upon a determination that there exists on any property conditions constituting a public nuisance (as described in §§ 91.01 and 91.02), the Town Manager shall notify the respondent by certified and first class mail of that condition and shall order the abatement thereof within 15 days of the date of the notice. If after due diligence the respondent’s correct address cannot be determined, then the required notice shall be hand delivered by a designated representative of the town or shall be posted conspicuously on the offending property. The notice shall order the abatement of the nuisance within 15 days of the delivery or posting of the notice.
(C) As to the uncontrolled growth of noxious weeds, bushes, undergrowth or grass to a height in excess of 11 inches causing or threatening to cause a hazard detrimental to the public health or safety, this notice shall only be given once in any calendar year.
(D) At any time before the expiration of the 15 day abatement period specified in this section, the respondent may request a hearing before the Housing Appeals Board to appeal the finding of the official who preformed the investigation that a public nuisance exists on the premises. Upon completion of the hearing, the Housing Appeals Board shall consider the evidence before it and shall, within 7 days, either revoke the initial order, issue a final order which differs from the initial, or reinstate the initial order as a final abatement order.
(E) Any request for a hearing pursuant to this section must be in writing and must be filed in the office of the Town Manager. The Town Manager shall fix a time for the hearing, and the initial abatement order or the accrual of interest in the statement of charges shall be temporarily suspended pending the hearing. The hearing must be held by the Housing Appeals Board within 31 calendar days following receipt of the request for hearing by the office of the Town Manager. At the hearing, the individual affected by the order shall be given the opportunity to present evidence to refute the findings which supported the abatement order or the removal of the nuisance condition.
(Ord. passed 11-15-2005)