(A) Any landowner in receipt of a written notice issued pursuant to § 95.01(H) or (J) shall have the right to appeal the notice of violation or a bill issued pursuant to the provision of those divisions. Such appeal shall be made to the Kokomo Board of Public Works and Safety pursuant to the provisions of this section.
(B) Within five days of receipt of a notice issued under § 95.01(H), or within ten days of a notice issued under § 95.01(J), the aggrieved landowner shall serve upon the Kokomo Board of Public Works and Safety a written statement setting forth the landowner’s objections to the terms of such notices and the reasons for such objections. Receipt of such a written statement by the President shall stay further action on the notices pending review by the Kokomo Board of Public Works and Safety sitting as a whole.
(C) Upon receipt of the landowner’s statement of objections, the Board shall offer the landowner an opportunity for a hearing on the objections at the Board’s earliest opportunity. At such hearing, the landowner, or the landowner’s representative, who may be an attorney, shall be given the opportunity to offer evidence, examine and cross examine witnesses, and present arguments to show why a notice of violation, or a notice of an outstanding bill for cutting and removal should be rescinded or modified.
(D) Upon conclusion of the landowner’s presentation, the Board shall deliberate and may either confirm, modify and confirm, or rescind any notices issued pursuant to this section. The decision of the Board shall be final.
(Ord. 5825, passed 6-8-92)