§ 14-83. Appeals.

(a)

Action after notice; time limit. Within 15 days from the date of the notice, the owner or, if applicable, the agent, custodian, lessee, or occupant of the property may appeal to the town council that a notice of violation is not warranted for the property or that the property did not pose an imminent public health or safety threat that required immediate cleanup.

(b)

Content of appeal. The owner or, if applicable, the agent, custodian, lessee or occupant of the property must appeal the notice of violation by written notice to the town manager. The written notice must be accompanied by a reasonable filing fee, as determined by the town manager, and shall be either hand delivered to the town manager, or mailed to the town manager and postmarked, within the 15-day period from the date of the notice. Upon timely receipt, the town manager will schedule the appeal for a public hearing before the town council. At the public hearing, the appellant shall be afforded due process and may present such evidence as is probative of the appellant's case. The town manager or other town staff shall present such evidence as is probative of the alleged violation. Members of the public shall be afforded the opportunity to present germane testimony and evidence. Thereafter, the hearing shall be closed and the town council shall rule on the appeal.

(c)

Unsuccessful appeal. If the appeal is unsuccessful, the property must be cleaned up and the violation remedied and removed within 15 days from the date of the town council's decision.

(Ord. No. 2008-08, § 1(i), 11-11-2008; Ord. No. 2009-04, § 1(i), 6-9-2009; Ord. No. 2018-08, § 1, 11-13-2018)