§ 8.60.142. Appeal process; hearing.

A.

The owner or occupant of the property subject to a notice of abatement may, within ten (10) business days from the date of service of the notice of abatement, file a notice of appeal, in writing, in the office of the city development department director. A notice of appeal may not be filed electronically.

1.

In the event a notice of appeal is not filed within the time specified in subsection A., of this section, the owner and occupant shall be deemed to have waived the right to appeal and shall be deemed to have admitted the validity of the notice to abate and the accuracy of all findings stated therein.

2.

In the event a notice of appeal is filed within the time specified in subsection A., of this section, the notice of appeal automatically stays the duty to comply with the notice to abate issued pursuant to Section 8.60.140 of this chapter.

B.

Upon the filing of a timely notice of appeal, the board of adjustment shall conduct a hearing within forty-five (45) days after the date of filing of the notice of appeal. The board of adjustment shall issue a written notice of hearing, in the form provided by the Wyoming Administrative Procedure Act, to the appealing party, not less than ten (10) business days prior to the date of the hearing.

1.

The hearing may be continued only with the consent of the board of adjustment and the appealing party.

C.

The hearing shall be conducted in accordance with the contested case provisions of the Wyoming Administrative Procedure Act. The hearing shall also be subject to state laws applicable to public meetings.

D.

Upon review of the evidence submitted at the hearing, the board of adjustment shall affirm or reverse the finding that a nuisance exists at the property at issue.

1.

In the event the board of adjustment affirms the finding that a nuisance exists at or upon the property or properties that are the subject of the appeal, the board of adjustment shall enter a written order containing such findings and conclusions as shall be appropriate, setting forth the terms and conditions of abatement, and setting forth a schedule for the abatement of any such nuisance as is determined to exist, with a compliance date not to exceed thirty (30) days from the date of the written order. The written order shall be filed in the office of the development department director and served upon the parties to the appeal by mail.

2.

In the event the board of adjustment reverses the finding that a nuisance exists at or upon the property or properties that are the subject of appeal, the board of adjustment shall enter a written order containing such findings and conclusions as shall be appropriate. The written order shall be filed in the office of the development department director and served upon the parties to the appeal by mail.

E.

Any owner or occupant of property aggrieved by a decision of the board of adjustment may seek judicial review in the manner provided by the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.

(Ord. No. 4153, § 9, 8-8-16)