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(a) The decisions of the Nuisance Officer determining that a public nuisance exists or refusing to extend the time for completion of abating the nuisance may be appealed, administratively, to the Board of Nuisance Appeals.
(b) The appeal shall be filed within ten (10) days after service of the notice to abate provided for in Section 1341.03 or within ten (10) days after denial of the forty-five (45) day extension period provided in Section 1341.04 and shall be perfected by filing a written notice of appeal with the Nuisance Officer specifying the grounds of the appeal. The Nuisance Officer shall, within three (3) days transmit to the Board the notice of appeal and notice to abate and all other papers in his possession upon which his decision was made.
(c) Within seven (7) days after receiving the notices and papers from the Nuisance Officer, 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.
(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 may affirm or overrule the decision of the Nuisance Officer or enter any decision consistent with this chapter. A majority vote of the Board shall be required.
(g) The Board shall decide all appeals within thirty (30) days of the hearing, in writing, and shall forward a copy of the decision to the appellant.
(h) An appeal hereunder shall stay for the duration of the appeal all proceedings to abate the nuisance or enforce the order of the Nuisance Officer.
(Ord. 1998-28. Passed 9-1-98.)