(A) Any person, corporation, partnership, sole proprietorship, owner, tenant, occupant or person holding a substantial property interest in a private premises upon which a nuisance is alleged to exist who disputes the existence of a nuisance or who 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 a hearing. The written request does not need to be in any particular form, but it shall clearly indicate that a hearing is requested and shall set out the nature of the disagreement with the content of the abatement notice.
(B) Upon receipt of the written request for a hearing, the enforcement authority shall place the matter before the Town Council.
(C) The enforcement authority shall give written notice to the party requesting the hearing of the date and time of the hearing. Such notice shall be given not less than five calendar days prior to the date set for the hearing.
(D) At the hearing, which may be adjourned from time to time, it shall be the town’s burden to go forward with evidence sufficient to demonstrate that a nuisance exists and that the actions required are reasonably calculated so as to abate the nuisance within a reasonable period of time. 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 or time periods for the remedial action or alternative remediation plans.
(E) At the hearing, both sides may present witnesses, elicit testimonies, introduce physical evidence, cross-examine opposing witnesses or dispute evidence submitted by their hearing opponent. Both sides may present oral arguments. Both sides may be represented by counsel. All such hearings shall be open to the public pursuant to state statutes on open meetings.
(F) Upon the conclusion of the presentation of evidence and oral arguments, if any, the Council shall deliberate and render a decision either confirming, amending or rescinding the disputed content of the abatement notice. The decision of the Council shall be final.
(G) All time parameters set out in the abatement notice for the completion of compliance actions shall be tolled pending the outcome of the Council’s decision. In cases where the actions of the enforcement authority are upheld or are upheld as modified by the Council, it shall be the responsibility of the Council, in its decision, to establish a time period for the completion of compliance activities held in abeyance during the hearing process.
(Ord. 2011-2, passed 5-3-2011)