§ 14.5-61. Determination of a nuisance.

(a)

Preliminary investigation. Whenever a complaint concerning storage of a manufactured home is received or a possible violation of this article is observed by an enforcement officer, the enforcement officer shall conduct a preliminary investigation. If the preliminary investigation discloses the home as a potential nuisance, the enforcement officer shall schedule a hearing. Complaints received from the public shall be made in writing and shall contain the name and address of the complainant.

(b)

Notice. The enforcement officer shall issue and cause to be served upon the owner a notice of hearing stating the finding of a nuisance. The notice of hearing shall also state that the hearing shall be held before the planning manager at a place specified in the notice of hearing. Owners shall be determined utilizing county tax assessors records and other sources as appropriate. Notice shall be as provided below:

(1)

Sent certified mail, return receipt requested to all owners more than twenty (20) days but less than thirty (30) days from the date of the hearing.

(2)

Personal delivery of said notice more than twenty (20) days and less than thirty (30) days from the date of the hearing to the property upon which the manufactured home is located. If the owner is present at the site a notice shall be hand-delivered by the codes enforcement to that person.

(3)

The ordinance enforcement officer shall affix the notice of hearing in a prominent place upon the subject manufactured home.

(c)

Hearing. The owner shall have the right to file an answer to the complaint or preliminary investigation and appear in person and give testimony at the scheduled hearing. Any person desiring to do so may attend the hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall be controlling in a hearing before the planning manager.

(d)

Procedure after the hearing. After notice and hearing as provided in this subsection, the planning manager shall state in writing his determination whether the manufactured home in question is a category 1 or a category 2 manufactured home. The planning manager shall state in writing the findings of fact supporting the determination. If the planning manager determines that the manufactured home is a category 2 manufactured home and therefore a nuisance he shall issue a notice to abate as provided below. If the planning manager determines the manufactured home is a category 1 manufactured home the enforcement officer may pursue corrective action as provided in division 1 of this article.

(Ord. of 12-18-00(1); Amend. of 10-2-06)