§ 8-214. Appeal.

(a)

If the town denies the issuance or renewal of a permit or suspends or revokes a permit, the town shall notify the applicant or permittee, by certified mail, return receipt requested, of the action and the right to an appeal.

(b)

Upon receipt of written notice of the denial, suspension or revocation of a permit, the applicant or permittee whose application for a permit or permit renewal has been denied or whose permit has been suspended or revoked has the right to appeal to the town council or a state district court. An appeal to the town council must be filed with the town's office within ten days after the receipt of the notice of the decision of the town. The town shall place the issue upon the agenda of the town council which must hear the appeal within 30 days of receipt of the appeal by the town. The town council shall determine whether a preponderance of the evidence supports the denial, suspension or revocation. The town shall notify the applicant or permittee, by certified mail, return receipt requested, of the town council's action within ten days of the decision of the town council. The notice shall advise the permittee of his right to appeal to a state district court. An appeal to the state district court must be filed within 30 days after receipt of the notice of the denial, suspension or revocation of a permit or within 30 days after the receipt of the notice of the decision of the town council. The applicant or permittee shall bear the burden of proof in court.

(c)

The appeal of a suspension or revocation of a permit to the town council shall abate the suspension or revocation of the permit until such time as the town notifies the owner of the final decision of the town council.

(d)

The appeal of a suspension or revocation of a permit to state district court shall not abate the suspension or revocation of the permit.

(Ord. No. 2003-02, § 25, 9-17-2003)