(A) If an appeal of an abatement order is duly filed as provided by § 92.26(A)(5), the Clerk-Treasurer shall present the request to the Town Council President, who shall schedule a hearing within 30 days of the filing. The hearing may be conducted at either a regular or special meeting of the Town Council, but shall be open to the public. The Clerk-Treasurer shall give written notice to the appellant of the date, time and place of the hearing. The appellant may appear in person, by attorney or may make a written appearance, but in all events shall be obliged to show to the satisfaction of the Council that:
(1) The cited act or condition does not, in fact, constitute a substantial public nuisance within the meaning of this or any other town ordinance; or
(2) The required abatement would work an undue hardship on the appellant or others such as to outweigh any benefits to the public.
(B) In addition to the appellant, any other resident of the town shall have a right to be heard as to whether or not the abatement order should be enforced. After the hearing, the Council shall adopt a motion either rescinding or upholding the abatement order. However, if it upholds the order, the Council may grant an extension of the deadline for compliance, as the members deem reasonable in the circumstances, or may modify the requirements for abatement.
('85 Code, § 5-4-5) (Ord. 1985-C20, passed 9-16-85)