A. The board of adjustment shall hear and decide:
1. Appeals to an interpretation of this title by the town manager or designee and posted on the town's web site.
2. Appeals to a notice of an administrative abatement, a notice to vacate or an assessment.
B. A request for a time extension or an appeal shall be in writing and shall be filed with the town clerk within ten days of the date of, as applicable:
1. The interpretation's posting on the town's web site; or
2. The notice to abate, the notice to vacate, or the assessment.
C. If a person fails to request a time extension or appeal within ten days, the failure constitutes:
1. A waiver of the right to a hearing; and
2. An admission of the validity of the notice or assessment.
D. The request for a time extension shall specify what time extension is necessary and reasonable.
E. The appeal shall specify why:
1. The land or building subject to the notice is not in violation of this chapter;
2. The interpretation is incorrect; or
3. The assessment is excessive.
F. A fee of $25.00 dollars shall accompany the request or appeal. In case of financial hardship, the fee may be suspended until the board of adjustment renders the decision. The board of adjustment may waive the fee upon a finding of financial hardship.
A. The board of adjustment shall set a date for hearing on the request or appeal within 15 days of the town clerk's receipt of the request or appeal.
B. The hearing shall be informal and without a jury, except that testimony shall be given under oath or affirmation. The technical rules of evidence do not apply, except for the statutory provisions relating to privileged communications. The board of adjustment may make orders to fairly and efficiently determine the truth and decide the case. The burden of proof at the hearing shall be on the town by a preponderance of the evidence.
C. The board of adjustment shall:
1. Render a decision within 15 days of the hearing.
2. Prepare findings and a decision.
3. Mail the findings and decision to all the parties to the request or appeal, by certified mail unless at the conclusion of the hearing a decision is rendered and communicated to the parties.
D. Rule 7 of the Arizona Rules of Procedure in civil traffic violation cases shall govern requests for recusal of the hearing officer.
E. Rules 12 and 13 of the Arizona Rules of Procedure in civil traffic violation cases shall govern representation by counsel in these proceedings.
A. The board of adjustment may grant one extension of the time set forth in an administrative notice to abate under this title. The extension shall not exceed 90 days after the date of the hearing.
B. The board of adjustment shall grant an extension only where it finds:
1. A hardship in bringing the land into compliance within the time set forth in the notice to abate; and
2. A reasonable plan by which the land will be brought into compliance within the time extension.
C. The extension granted by the board of adjustment shall run from the date the board of adjustment mails the findings and decision as set forth in section 18-6-2 above.