§ 10-23. Request for hearing procedures.

(a)

Within five days after the notice of a nuisance is delivered by the village as provided in section 10-22, the lot owner may make written request to the village for a hearing before the special Magistrate to show that the condition alleged in the notice does not exist, or to show that the condition does not constitute a nuisance. Notice of the right to a hearing shall be included in the initial notice to the lot owner. The owner's request for hearing shall be submitted upon forms to be provided by the village.

(b)

Failure to file a request for hearing or to appear before the special magistrate within the proscribed time shall be deemed a waiver of the lot owner's rights to appeal the administrative action by the village to abate the nuisance.

(c)

The special magistrate shall hear the matter on its regularly scheduled agenda. The village shall give the lot owner requesting a hearing written notice of the date and location of the scheduled hearing.

(d)

At the hearing, the village and the lot owner may introduce such evidence as is relevant. The hearing shall be conducted in accordance with the rules of procedure applicable to code enforcement proceedings. The decision of the special magistrate shall be final.

(e)

If after the hearing the special magistrate determines that the condition which exists on the property constitutes a public nuisance and is in violation of a village ordinance, administrative costs shall be assessed against the owner, and the owner of the property shall have a reasonable time, as determined by the special magistrate, to correct or remove the condition. After the time to correct or remove the condition has expired, the village shall have the right to have the condition abated at the expense of the property owner. If the village abates the condition, the costs of the abatement including the costs of inspection, administration, and all other related costs shall be assessed against the property as set forth in section 10-22 and/or the village may choose to enforce this nuisance as otherwise provided in this article.

(f)

Any person adversely affected or aggrieved by a final order of the special magistrate or code enforcement board pursuant to this article may file an appeal to the Circuit Court of Palm Beach County. Such appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the special magistrate or code enforcement board. The appeal shall be filed within 30 days of the execution of the order to be appealed. The filing of an appeal shall not automatically constitute a stay of the proceedings or abatement of the nuisance without further action by the court.

(Ord. No. 2006-47, § 2, 11-9-2006; Ord. No. 2008-27, § 7, 11-13-2008)

Note— See the editor's note to § 10-14.