(A) (1) In the event that a person receiving notification of violation of this subchapter believes that the vegetation growing on the property does not constitute a violation of the subchapter, such person may request a hearing before the Town Council, which hearing shall be held within 15 days of the request, which shall be in writing and delivered to the Clerk-Treasurer’s office.
(2) The Town Council shall enter a finding that the person notified is the owner or agent of the owner of the real estate and whether the vegetation growing thereon is in violation of the subchapter. Such written notice shall be delivered within the time specified for the removal of the vegetation and, if so delivered, the vegetation shall not be removed pending the hearing.
(B) (1) At the hearing before the Town Council, the person requesting the hearing may be represented by counsel, shall have the right to cross-examine the persons alleging the violation, to testify on his or her own behalf, and to bring in witnesses to testify for him or her, and to obtain, prior to the hearing, the evidence that the town will present to establish the violation.
(2) If the Town Council determines that the vegetation growing on the parcel is “weeds and rank vegetation” as defined in § 92.021, the owner or his or her agent shall have five days from the date of the hearing to remove the offending vegetation, and should the owner or agent fail, neglect, or refuse to do so, the steps set out in § 92.023 shall be followed.
(Ord. 1994-21, passed 11-5-1994)