A. Request For Hearing: A request for a hearing upon the allegation of a public nuisance and the assessment of costs shall be made in writing and delivered to the town clerk- treasurer within ten (10) days following receipt of the said notice to abate. Such request shall include a specific description of the property concerning which the request is made, the name and address of the requesting party, and the nature of the interest held by the requesting party. (Ord. 356, 2-19-2009, eff. 7-1-2009)
B. Failure To Abate; Authority Of Town: In the event a public nuisance, as defined in this chapter, remains unabated for more than ten (10) days following receipt of the said notice to abate, the mayor, town council, or the appointed representative thereof is granted the authority to abate, remove, or cause the condition to be corrected; provided, however, that if a proper request for hearing is timely filed, abatement shall only proceed upon resolution or order of the town council or its designated hearing examiner. (Ord. 356, 2-19-2009, eff. 7-1-2009; amd. 2014 Code)
C. Holding Of Hearing; Time And Place: In the event a proper request for hearing is timely filed as provided herein, a hearing shall be held before the town council or such other individual or entity designated by the town council to act as hearing examiner. The purpose of the hearing shall be to confirm or deny the existence of a public nuisance as alleged and to take such further action as is authorized under this chapter. Notice of the time, place, and hour of the hearing shall be sent at least ten (10) days in advance of the hearing to all known parties.
D. Presentation Of Evidence: At such hearing, all parties shall be afforded an opportunity to present evidence, to cross examine, and to present argument; provided, however, that all persons testifying shall be sworn, that irrelevant, immaterial or unduly repetitious evidence shall be excluded, and that the decision of the town council or hearing examiner shall be supported by substantial evidence. (Ord. 356, 2-19-2009, eff. 7-1-2009)
E. Abatement; Costs: At or after such hearing, and in the event of confirmation that a public nuisance exists, the town council or the hearing examiner, as the case may be, may resolve or order that the mayor, town council and/or the designated employees or agents thereof, remove or otherwise abate the nuisance; provided, however, that the time for abatement may be extended if, in the opinion of the entity or person presiding as the hearing examiner, the circumstances so justify. In the event a nuisance is confirmed, administrative and removal costs may also be assessed at the hearing. If it is found that a public nuisance does not exist, abatement authority shall be denied and costs shall not be assessed. (Ord. 356, 2-19-2009, eff. 7-1-2009; amd. 2014 Code)
F. Right To Appeal: Appeals from adverse decisions rendered pursuant to subsection D of this section may be made to the district court in the same manner as an appeal from an adverse decision rendered by an agency in a contested case under the provisions of Wyoming Statutes section 16-3-114. The hearing examiner, or the entity presiding as hearing examiner, as provided in subsection C of this section, is an agency within the meaning of the Wyoming administrative procedures act, and adverse decisions may be appealed in the manner provided therein.
G. Right To Hearing Waived: In the event a request for hearing as provided herein is not timely filed, the right to a hearing shall be considered to have been waived. (Ord. 356, 2-19-2009, eff. 7-1-2009)