(A) Any owner, tenant or occupant, or person holding a substantial property interest in private premises upon which a Nuisance or a chronic nuisance property is alleged to exist who disputes the existence of such, 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.
(B) Upon receipt of the written request for a hearing, the enforcement authority shall place the matter on the agenda of the Kokomo Board of Public Works and Safety for hearing. The Board of Public Works and Safety shall function as hearing body to adjudicate the matter. If the Director of the Department of Engineering, Traffic and Inspection Services is also a member of the Board of Public Works and Safety, the Director may not present the city's case for its actions and sit simultaneously as a member of the Board.
(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 no 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 city'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 for remedial action. The party requesting the hearing may propose alternative remedies or time periods for remedial action, or alternate remediation plans.
(E) 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 present oral arguments. Both sides may be represented by counsel.
(F) All such hearings shall be open to the public pursuant to Indiana statutes on open meetings.
(G) Upon conclusion of the presentation of evidence and oral argument, if any, the Board shall deliberate and render a decision either confirming, amending, or rescinding the disputed content of the abatement notice. The decision of the Board shall be final.
(H) All time parameters set out in the abatement notice for completion of compliance actions shall be tolled, pending the outcome of the Board of Public Works and Safety's decision. In cases where the actions of the enforcement authority are upheld, or are upheld as modified by the Board, it shall be the responsibility of the Board, in its decision, to establish time periods for completion of compliance activities held in abeyance during the hearing process.
(Ord. 6019, passed 12-17-96; Am. Ord. 6073, passed 12-8-97; Am. Ord. 6825, passed 4-25-16)