A. Nuisance Appeal Board: A nuisance appeal board shall be established and maintained to hear appeals from orders issued by a city official.
1. The board shall consist of five (5) members, who are residents of the city of Mitchell, chosen by the mayor to serve three (3) year terms of office. A quorum for any meeting shall be three (3) members.
2. The board shall adopt rules or procedure for hearing appeals.
B. Appeal Process:
1. A person wishing to appeal an order must submit notice of the appeal in writing to the city finance officer within ten (10) business days of the date on which the order was served.
2. Each notice of appeal shall be in writing and shall:
a. State the appellant's name, address, telephone number and the interest of the appellant in the property;
b. Specifically state the grounds of the appeal; and
c. Be dated and signed by the appellant or an agent on his or her behalf and, if signed by an agent, shall state the name, address and telephone number of the agent.
3. Following the receipt of a notice of appeal, the city finance officer shall, in writing, provide a notice of hearing to the appellant including the date, time, and place at which the board will consider the matter. If the appellant is not the person registered as the owner of the land as shown on a current certificate of title, the city finance officer must also send a copy of the written notice to that owner.
4. The appellant may appear before the board in person or by representative.
5. The board shall consider each appeal having regard to the circumstances and merits of the case and the applicable provisions of this chapter.
6. When hearing an appeal, the board:
a. Shall not be bound by the technical rules of evidence; and
b. Shall afford to every person concerned the opportunity to be heard, submit evidence, and to hear the evidence of others.
7. The board shall have full discretion to alter an order to correct to any extent necessary in consideration of this chapter or to uphold or revoke an order to correct in its entirety.
8. Following the appeal, the city finance officer shall forthwith serve a copy of the board's decision on the appellant.
9. An appellant shall complete all actions directed in the board's decision. (Ord. 2557, 12-19-2016)