The amortization period may be extended beyond the 30 days by an
application requesting a hearing and an extension of the amortization
period. The petitioner(s) must submit a request for an extension to
the amortization period to the Code Enforcement Department within
30 days of being served with notice that a finding has been made that
a public nuisance exists and that the preexisting nonconforming use
status will terminate.
As soon as practicable after receiving the request, the Department
shall appoint a hearing officer to hear the petitioner(s)'s proof
and examine the petitioner(s)'s financial evidence regarding
the recoupment of a capital investment. Both the petitioner(s) and
the Village may present evidence and call witnesses.
As soon practicable after the hearing, the hearing officer shall
issue a written decision and serve it upon both parties. Either party
has the right to appeal the determination to a court of competent
jurisdiction within those timelines prescribed by law.