4-1-6: APPEAL PROCEDURES; HEARING:

   A.   Demand For Hearing: The owner or occupant of the property who has been served with a notice pursuant to this chapter that a nuisance or public nuisance exists and that it must be abated within thirty (30) days, may, within seven (7) calendar days after receipt of such notice, make a written demand to the building inspector for a hearing on the question of whether a nuisance or public nuisance in fact exists. The hearing shall be held within seven (7) calendar days following receipt by the building inspector of the written demand, and at least two (2) days' notice of the hearing shall be given to the individual who made the written demand for hearing.

   B.   Conduct Of Hearing: The county commission shall conduct the hearing. The county commission may amend or modify the notice and/or order or extend the time for compliance with the building inspector's order by the owner by such date as the majority of the county commission may determine.

   C.   Evidence: The owner, agent of the owner, and occupant, if any, of the subject property shall be given the opportunity to present evidence to the county commission in the course of the hearing.

   D.   Boarded Up Property Not Defense: It shall not be a defense to the determination that a nuisance or public nuisance exists that the property is boarded up or otherwise enclosed. (2004 Code)

4-1-7: ABATEMENT BY COUNTY:

Should any nuisance or public nuisance not be abated at the expiration of time stated in the notice/order, or within such additional time as the building inspector may grant, the building inspector shall have the authority to enter upon the property and abate the public nuisance found thereon. In abating such nuisance, the building inspector may go to whatever extent may be necessary to complete the abatement of the nuisance or public nuisance. In abating a nuisance or public nuisance, the building inspector may call upon any of the county departments or agencies for whatever assistance shall be deemed necessary or may by private contract cause the abatement of the nuisance or public nuisance. The building inspector shall prepare an itemized statement of all expenses incurred in the removal and destruction of same and shall mail a copy thereof to the owner demanding payment within twenty (20) days of the date of mailing. Such notice shall be deemed delivered when mailed by registered mail and addressed to the last known address of the property owner. (2004 Code)

4-1-8: COLLECTION BY LAWSUIT:

In the event the owner fails to make payment of the amount set forth in such statement to the county treasurer within twenty (20) days of the date of mailing, the building inspector may cause suit to be brought in an appropriate court of competent jurisdiction. In the event collection of expenses for destruction and removal are pursued through the court, the county shall sue for and receive judgment for all expenses for destruction and removal, together with reasonable attorney fees, interest and court costs, and shall execute upon such judgment in the manner provided by law. (2004 Code)

4-1-9: COUNTY NOT CIVILLY LIABLE:

Neither the county, nor its officers or agents or employees, shall be civilly liable to any owner or occupant or person having an interest in real property for the removal of a nuisance or public nuisance under the provisions of this chapter. (2004 Code)

4-1-10: ENFORCEMENT:

The planning commission, county commission, building inspector, county attorney, sheriff's office and such other departments or agencies of county government as may be designated are hereby authorized as the agencies charged with the enforcement of the provisions of this chapter and shall enter such actions in court as are necessary. Failure of such departments to pursue appropriate legal remedies shall not legalize any violation of such provisions. (2004 Code)