(a) All hearings requested pursuant to the provisions of Section 1175.05 shall be conducted before the Board of Zoning Appeals. The Board may affirm, reverse or modify the finding of a public nuisance and the issuance of the abatement order by the Building and Zoning Inspector by a majority vote.
(b) A copy of the decision of the Board shall be served upon the person who made the written demand for the hearing, by certified mail with a return receipt requested. In cases involving summary abatement, a decision shall be rendered at the conclusion of the hearing. The decision of the Board shall be final and conclusive, unless a proper appeal is filed in a court of competent jurisdiction within ten (10) days of the date of the delivery of the decision.
(c) All hearings held by the Boards pursuant to this chapter shall be administrative in nature. At all hearings conducted pursuant to this section, any party may be represented by legal counsel. The rules of evidence utilized by the courts shall not be applicable in hearing before the Board. The Boards are hereby empowered to subpoena witnesses and take testimony under oath.
(Ord. 36-2004. Passed 9-7-04.)