§ 14-226. Appeal procedure.

(a)

Appeals may be taken from an order, a notice of condemnation/order to demolish, or notice of violation/order for securing a structure issued pursuant to this article by an interested party who has been aggrieved, except in emergency cases as set forth in section 14-228. As used in this article, the term "interested party" means a person who possesses a present legal right of present or future enjoyment of the property by virtue of a deed, other instrument of title, mortgage, fully executed contract for purchase, lien on or estate in the property, judgment of court, being a named beneficiary entitled to an interest in the property under a will or trust of a deceased owner, or the legal spouse of the property owner. Such party is afforded a right of hearing before the special magistrate upon payment of a filing fee of $250.00 and a written request for such hearing filed with the town clerk within ten days of service of the notice of violation/order for securing, or the posting or publication (if required) of the notice or notice of condemnation/order to demolish, whichever is later.

(b)

A notice of the appeal hearing before the special magistrate shall be served by first-class U.S. mail, postage paid, upon the appealing party no less than ten days prior to the date of the hearing. In the event the findings of the special magistrate sustain the building official and code official, the special magistrate may set a new deadline date for compliance, or authorize the building official and code official to proceed to take the code action that was appealed, or demolish and remove the structure and report the cost to the town commission.

(c)

In any hearing before the special magistrate, formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a trial in the courts of the state. Each party shall have the right to be represented by counsel, to call and examine witnesses under oath, to introduce documentary evidence or exhibits, to cross-examine opposing witnesses on any relevant matter even though the matter was not covered under direct examination, to impeach any witness regardless of which party first called him to testify, and to submit rebuttal evidence.

(d)

The burden of proof by a preponderance of the evidence is upon the town to show that the structure is unfit or unsafe as defined in this article. At the hearing, the special magistrate shall affirm, modify, or reverse the findings of the building official that the structure is unfit or unsafe as defined in this article. If the special magistrate agrees with the determination of the building official, he shall enter a final order approving the code action or demolition.

(e)

Any person aggrieved by the decision of the special magistrate may seek judicial review in accordance with the laws of the state or other applicable law.

(f)

An interested party appearing before the special magistrate may appear in person or through legal counsel.

(Ord. No. 2014-12, § 1(14-188), 7-22-2014)