§ 23-6. Hearings.

(a)

Within the fifteen (15) day period for after notice is mailed or property is noticed, an aggrieved party may contest the code enforcement officer's determination that a notice of violation is warranted for the property in question, and request a hearing before the county code enforcement board.

(b)

For a violation of junk and trash, the request for a hearing shall:

(1)

Be in writing;

(2)

Shall be addressed to the code enforcement officer; and

(3)

Shall be either hand-delivered to the Osceola County Zoning Department, or postmarked within the fifteen (15) day period after notice is received.

(c)

Upon receipt of a timely request for a hearing, the code enforcement officer shall schedule a hearing date for the code enforcement board. Subsequently, the code enforcement board shall notify the owner or other interested person(s) of the date of the scheduled hearing. Pursuant to chapter 7 of this Code and Florida Statutes, Chapter 162 unless specified otherwise in this article, the code enforcement board shall allow the enforcement officer and the owner or any other interested persons an opportunity to present evidence and to examine and cross-examine witnesses. After considering the evidence and testimony, the code enforcement board shall make a factual determination as to whether junk or trash has accumulated in violation of this article. If the code enforcement board makes a factual determination that junk or trash has accumulated in violation of this article, it shall automatically conclude that the enforcement officer is required to remove the junk or trash if it has not been removed by the owner or other interested person(s) within five (5) days after the date of its factual determination that junk or trash has accumulated in violation of this article.

(Ord. No. 99-19, § 6, 6-28-99)