§ 20-285. Appeals.

(a)

The owner of the private property, any occupant or other person in control of such private property who has been served with notice pursuant to this article may within 72 hours of the time of service or within the period of time specified in such notice for the abatement or removal of such nuisance, whichever period of time is greater, make a written request to the hearing officer of the village for a hearing on the question of whether the alleged public nuisance in fact exists. Such request for a hearing shall be delivered to the office of the administrative officer. The hearing shall be held within seven calendar days following receipt of the written request and at least two days' notice of the hearing shall be given to the person who made the written request for the hearing, either by telephone or other means.

(b)

The hearing shall be conducted by the hearing officer. The hearing officer may amend or modify the notice to abate or remove and/or order or extend the time for compliance.

(c)

The owner of the private property, or, if applicable, any occupant or other person in control of such private property, shall be given the opportunity to present evidence to the hearing officer.

(d)

In those instances where the public nuisance has been abated or removed by the village, the hearing officer shall have the discretion to waive the cost of abating or removing the public nuisance, in whole or in part, if in the course of the hearing and the review of the decision, the hearing officer finds that any of the following did not conform to the provisions of this article:

(1)

The notice to abate or remove the public nuisance;

(2)

The work performed in abating or removing the public nuisance; or

(3)

The computation of costs and expenses.

(Ord. No. 2101, § 17.1.5, 6-12-2007)