(A) Request for hearing. Any person holding a fee interest, a life estate interest, an equitable interest as a contract purchaser or a tenancy in the private premises upon which a nuisance is alleged to exist who disputes the existence of a nuisance, or disputes the nature of the abatement action ordered in the abatement notice, may, within ten calendar days of service of the abatement notice, serve upon the Enforcement Authority a written request for hearing. The written request does not need to be in any particular form but shall clearly indicate that a hearing is requested and shall set out the nature of the disagreement with the content of the abatement notice. The written request shall also provide a mailing address for the sending the notice of hearing date.
(B) Scheduling of hearing. Upon receipt of the written request for a hearing, the Enforcement Authority shall place the matter before the Board of Commissioners.
(C) Notice of hearing. The Enforcement Authority shall give written notice to the party requesting the hearing of the date and time of the hearing. The notice shall be given no less than five calendar days prior to the date set for the hearing.
(D) Burden of proof. At the hearing, which may be adjourned from time to time, it shall be the county’s burden to go forward with evidence sufficient to demonstrate that a nuisance exists, and that the actions required are reasonably calculated to abate the nuisance within a reasonable period of time.
(E) Conduct of hearing. The party requesting the hearing shall have the right to dispute the existence of the nuisance, the reasonableness of the remedy, or the reasonableness of the time allowed for remedial action. The party requesting the hearing may propose alternative remedies, an alternative time period for remedial action, or alternate remediation plans. At the hearing, both sides may present witnesses, elicit testimony, introduce physical evidence, cross-examine opposing witnesses or dispute evidence submitted by their hearing opponent. Both sides may be represented by legal counsel.
(F) Public nature of the hearing. All such hearings shall be open to the public pursuant to I.C. 5-14-1.5.
(G) Final decision. Upon the conclusion of the presentation of evidence and oral argument, if any, the Board of Commissions shall deliberate and render a written decision confirming, amending or rescinding the disputed content of the abatement notice. The decision of the Board of Commissioners shall be final.
(H) Tolling of compliance with abatement notice. All time parameters set out in the abatement notice for completion of compliance actions shall be tolled, pending the outcome of the Board of Commissioners’ decision. In cases where the actions of the Enforcement Authority are upheld, or are upheld as modified by the Board of Commissioners, it shall be the responsibility of the Board of Commissioners, in its decision, to establish time periods for completion of compliance activities held in abeyance during the hearing process.
(Ord. 2013-5, passed 5-7-2013)