A. When the owner of the property disagrees with the notice to abate served pursuant to section 8.06.030 of this chapter, the owner may request a hearing before the designee of the Pershing County board of commissioners. The hearing must be requested within ten (10) business days of service of the notice to abate.
B. The date specified in the notice by which the owner must abate the conditions is tolled for the period during which the owner requests a hearing and receives a decision from the designee of the board and for the period during which the owner appeals that decision to the board.
C. When the owner requests a hearing, the county shall, within ten (10) business days of such request, set a hearing before the Pershing County board of commissioners (herein "board") at a hearing which has been properly agendized, as provided for in the Nevada open meeting law (this provision does not mean that the hearing will take place within 10 business days). At the hearing, the code enforcement officer/district attorney and the owner of the property shall present to the board the evidence to establish or controvert the facts set forth in the notice of abatement, and the board shall determine whether the conditions are such that they shall be abated. Upon determining that the conditions shall be abated, the designee of the board shall issue an order that the owner abate the conditions within five (5) business days of the service of the order and direct the county to abate the conditions if no appeal is filed within the time allowed.
D. The owner who participates in the proceedings, but disagrees with the decision of the board may appeal the decision to the district court in accordance with the Nevada Revised Statutes relating to administrative proceedings. The owner must notify the code enforcement officer in writing, within five (5) business days of service of the order, that the owner is appealing the decision of the board. (Ord. 283, 2011)