327.5-16. Procedures for Hearings Under Article III.
The following procedures shall apply to parcels which meet the conditions described in § 327.5-14 and for which the notice required by § 327.5-15 is sent. (Ord. 1762, 12/09/86)
(a) If an owner of one or more parcels covered by this section contacts the Planning Department and requests assistance in determining the status of such parcels, the Planning Director shall advise the owner that he or she has a right to a hearing before the Advisory Agency to determine the status of parcels covered by this section.
(b) If the owner requests a hearing, the Planning Director shall either personally deliver or mail to the owner a request of hearing form which must be completed and signed by the owner prior to a hearing being scheduled. The completed and signed hearing request form must be filed with the Planning Director within 60 days after the date on which the notice provided for in § 327.5-15 has been mailed or personally delivered to the property owner. Failure to file the hearing request form within the time specified in this subsection will result in waiver of the owner’s right to a hearing. (Ord. 1762, 12/9/1986)
(c) Once the Planning Director receives a signed and completed request for hearing form he shall set a hearing before the Advisory Agency and shall notify the property owner of the time, date and place of the hearing by certified mail. (Ord. 1762, 12/9/1986)
(d) At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property is not or should not remain merged. (Ord. 1762, 12/9/1986)
(e) At the close of the hearing, the Advisory Agency shall make a determination that the affected properties continues to be merged, or are not merged and shall so notify the owner in writing of its decision. (Ord. 1762, 12/9/1986)
(f) Within 30 days after a determination of continued merger is made, the Planning Director shall record a notice of merger unless an appeal is filed pursuant to § 327.5-16.5. (Ord. 1762, 12/9/1986)