(A) Hearings.
(1) Any owner, tenant or occupant, or person holding a substantial property interest in 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 a 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 individual's disagreement with the content of the abatement notice.
(2) Upon receipt of the written request for a hearing, the enforcement authority shall place the matter on the agenda of the County Recycling District's Board of Directors for hearing. The County Recycling District's Board of Directors shall function as hearing body to adjudicate the matter.
(3) The Compliance Officer or designee shall give written notice to the party requesting the hearing of the date and time of the hearing. Such notice shall be given no less than five calendar days prior to the date set for hearing.
(4) At the hearing, which may be adjourned from time to time, it shall be the Compliance Officer'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. 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 to remedial action. The party requesting the hearing may propose alternative remedies or time periods for remedial action, or alternate remediation plans.
(5) All such hearings shall be open to the public pursuant to Indiana statutes on open meetings.
(6) Upon conclusion of the presentation of evidence and oral argument, if any, the County Recycling District's Board of Directors shall deliberate and render a decision either confirming, amending or rescinding the disputed content of the abatement notice.
(7) All time parameters set out in the abatement notice for completion of compliance actions shall be tolled, pending the outcome of the County Recycling District's Board of Directors decision. In cases where the actions of the enforcement authority are upheld, or are upheld as modified by the Board of Directors, it shall be the responsibility of the Board of Directors, in its decision, to establish time periods for completion of compliance activities held in abeyance during the hearing process.
(B) Appeal. Pursuant to I.C. 36-1-6-9(e), a person who received a penalty under this chapter may appeal the order imposing the penalty to a court of record in Howard County no later than 60 days after the day on which the order is entered.
(Ord. 2008-BCC-21, passed 6-16-08)