(A) Appearance before the Board. Any person adversely affected by a notice issued by an Enforcement Officer may present himself or herself at the next regularly scheduled meeting of the Board of Public Works and Safety. At that time, the property owner shall be given an opportunity to be heard personally to present the testimony of witnesses or documentary evidence, in order to support a contention that the obligation imposed by the Enforcement Officer, and described in the written notice, should not be the property owner's responsibility or is otherwise erroneous.
(B) Record of hearing. All matters presented to the Board of Public Works and Safety shall be tape-recorded, which recordings shall be retained by the Board of Public Works and Safety as a matter of public record.
(C) Issuance of enforcement order.
(1) After considering the evidence presented, the Board of Public Works and Safety shall do one of the following:
(a) Sustain the action of the Enforcement Officer and order the Owner or Occupant to comply with the obligation imposed upon him or her by the Enforcement Officer;
(b) Sustain the action of the Enforcement Officer, in part, and order the owner or occupant to comply with the obligation imposed upon him or her by the Enforcement Officer as revised by the Review Board; or
(c) Issue a determination that the notice should not have been issued to the petitioner or that the petitioner has fully complied with the obligation imposed upon him or her under the notice within the time period allotted.
(2) Any notice served upon an owner, occupant, or agent under this subchapter shall automatically become an order of the Board of Public Works and Safety, if the property owner does not appear before the Board of Public Works and Safety at its next scheduled meeting.
(D) Appeal from a decision of the Board of Public Works and Safety. Any person aggrieved by a decision of the Board of Public Works and Safety may seek relief by filing an action for relief in the Circuit or Superior Court of Randolph County, Indiana within 30 days issuance of the decision of the Board of Public Works and Safety.
(Ord. 2005-08, passed 10-24-05; Am. Ord. 2012-03, passed 3-26-12; Am. Ord. 2015-02, passed 5-26-15)