(A) Upon receipt of a notice to abate, the property owner may object to the notice and notify the Town Council of an intent to appeal the determination of the violation contained in the notice to abate. This correspondence shall be in writing, and shall specify the street address of the property involved. Any such correspondence must be received by the Town Council through the Town Manager within the amount of time set out in the notice to abate.
(B) (1) Upon receipt of such correspondence, the Town Manager shall provide copies of same to the Town Attorney and to each member of the Town Council who shall cause the objection to be investigated and shall set the matter for hearing at a special meeting or at the next regularly scheduled meeting of the Town Council. The Council shall inform the owner of the date and time of the hearing during which the Council will address the notice to abate and the objection thereto.
(2) At the hearing, the Council or its authorized agent shall specifically notify the owner of the exact nature of the alleged violation and the evidence which tends to establish the violation. The owner shall have a right to address the Council, to submit photographs, written documents, or other physical evidence or verbal testimony to the Council that, in the judgment of the Council, is relevant to the issue of the alleged violation. The owner shall have the right to be represented by an attorney. The hearing on the issue may be continued by the Council from time to time if necessary, but no further action shall be pursued against that owner to abate the environmental public nuisance until resolutions of the objection thereto.
(3) Upon the conclusion of the meeting, the Council shall make a finding, by majority vote, as to whether a violation of this subchapter exists. If a violation is found to exist, the Council shall give the owner additional time, not less than five days, to abate the violation.
(4) The findings of the Council, a description of any continuing violation, and the deadline for abating any such violation shall be issued in writing signed by the President of the Council and attested by the Clerk-Treasurer, and a copy shall be delivered to the owner.
(Ord. 2017-03, passed 3-23-2017)