§ 42-32. Hearings.

(a)

Where the board of county commissioners, in response to the county administrator's report pursuant to section 42-31, decides to initiate public hearings on an alleged public nuisance, the date, time and location of the hearing shall be published in a newspaper of general circulation in the county at least 30 days prior to the date set for the hearing. The board of county commissioners shall provide the respondent a copy of the complaint, the administrator's report and written notice, by mail, of the date, time and location of the hearing at least 30 days prior to the date set for hearing. The complainant shall also be notified, in writing, of the time, date and location of the hearing at least 30 days prior to the hearing. At the time and place specified in the notice, the board of county commissioners shall accord to all persons attending an opportunity to be heard. Costs of all advertising shall be borne by the complainant. If the board of county commissioners finds, after hearing, that a nuisance exists, such cost shall be borne by the respondent creating the nuisance.

(b)

If, after such a hearing, the board of county commissioners determines, based upon the evidence, that two or more of the criteria set forth in section 42-30 exist and, as a result, determines that a public nuisance exists or is being maintained, it shall, within 14 days of the date of the hearing, set forth in writing its findings of fact and decision. If no public nuisance is deemed to exist, the board of county commissioners will announce such decision either at the meeting in which the public hearing is held or within 14 days after the date of such hearing.

(Code 1970, § 16¾-51; Ord. No. 80-31, § 7, 11-4-80)