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A. A person aggrieved by a notice and order may, upon payment of a filing fee in accordance with the town’s fee schedule, request an appeal hearing before the town council. The request shall be in writing and submitted to the town planning department within 21 days of service of the notice and order. The request shall also cite the notice and order appealed from and contain a brief statement of the reasons for seeking the appeal hearing.

B. After receiving a request for an appeal, pursuant to subsection A of this section, the town council shall hold an appeal hearing within 60 days of receiving the appeal request, unless special circumstances dictate otherwise. Written notice of the time and place of the appeal hearing shall be given at least 10 days prior to the date of the hearing to each appealing party; the community development director, town planner, or code enforcement officer; and to other interested persons who have requested in writing that they be so notified. Prior to the appeal hearing, the community development director, town planner, or code enforcement officer whose order is being appealed may submit a report and other evidence indicating the basis for the notice and order.

C. During an appeal hearing, each party shall have the following rights, among others:

1. To call and examine witnesses on any matter relevant to the issues of the hearing;

2. To introduce documentary and physical evidence;

3. To impeach any witness regardless of which party first called him to testify;

4. To rebut evidence against him; and

5. To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so.

D. Following review of the evidence submitted, the town council shall make written findings and conclusions, and shall either affirm or modify the notice and order previously issued if the council finds that a violation has occurred. The burden of proof is upon the community development director, town planner, or code enforcement officer to establish the commission of the violation by a preponderance of the evidence. The council shall reverse the notice and order if the council finds that no violation occurred. The written decision of the council shall be mailed by certified mail, postage prepaid, return receipt requested to the parties. [Ord. 618 § 1 (Exh. A), 2022.]