(a) The decision of the Director of Administration determining that a public nuisance exists may be appealed, administratively, to the Board of Nuisance Appeals.
(b) The appeal shall be filed within ten (10) days after the service of the notice to abate provided for in Section 1339.03 and shall be perfected by filing a written notice of appeal with the Director specifying the grounds of appeal. The Director shall within three (3) days transmit to the Board the notice of appeal and notice to abate and all other paper in his possession upon which his decision was made.
(c) Within seven (7) days after receiving the notices and papers from the Director, the Board shall fix a time for a hearing of the appeal and shall give the appellant ten (10) days prior written notice of the time and place of the hearing.
(d) The appellant shall be entitled to appear at the hearing on appeal in person and may be represented by counsel. Similarly, the Director shall be entitled to appear in his own behalf and
be represented by counsel.
(e) The procedure on appeal shall be as the Board shall determine and it may accept the testimony of witnesses and receive documentary evidence.
(f) On appeal, the Board shall consider the matter de novo and shall either affirm the decision of the Director or enter the decision the Director should have made. A majority of the Board shall be required for a decision.
(g) The Board shall decide all appeals within thirty (30) days after the hearing, in writing, which written decision shall be transmitted to the appellant and the Director.
(Ord. 4585-23. Passed 1-3-23.)