(A) Definition.
HEARING AUTHORITY. Refers to a person or persons designated as such by the executive of a city or county or by the legislative body of a town. An employee of the enforcement authority may not be designated as the HEARING AUTHORITY.
(B) Per the notice of violation, if the recipient of the notice of violation believes he or she has received the notice in error, the recipient is entitled to appear at the hearing before the Town Board hearing authority to present evidence and arguments as to why the notice of violation was issued in error.
(C) The hearing authority can affirm, modify, or rescind the notice of violation.
(D) If the recipient of the notice of violation does not appear at the hearing or does not comply with the notice of violation, the Town Board may order the violation be corrected.
(E) If the notice of violation is affirmed or modified by the hearing authority, the recipient has the right, pursuant to I.C. 36-7-9-8, to appeal the hearing authority’s decision by filing a verified complaint, including the alleged erroneous finding of fact and the action taken by the hearing authority within ten days after the date when the action was taken.
(F) The hearing authority shall be the Town Board. The enforcement authority shall be the Police Department.
(Ord. 2023-05, passed 7-11-2023)