Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.

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Sec. 66-29. Notices; hearings; orders.

(a) Whenever the enforcement officer determines that there are reasonable grounds to believe that there has been a violation of any provisions of this article, or of any regulation adopted pursuant hereto, he shall give notice of such alleged violation to the owner of the park and to the person to whom the operator's permit was issued, as hereinafter provided. Such notice shall:

(1) Be in writing.

(2) Include a statement of the reasons for its issuance.

(3) Allow a reasonable time for the performance of any act it requires.

(4) Be served upon the owner and the operator. Such notice or order shall be deemed to have been properly served upon such owner or operator when a copy thereof has been sent by registered mail to their last known addresses; or when they have been served with such notice by any other method authorized or required by the laws of the state.

(5) Contain an outline of remedial action, which, if taken, will effect compliance with the provisions of this article and with regulations adopted pursuant hereto.

(b) Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article, or of any regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the planning commission, provided that such person shall file in the office of the secretary of the planning commission a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension except in the case of an order issued under subsection (e) of this section. Upon receipt of such petition, the chairman of the planning commission shall set a time and place for such hearing, and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard, and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten days after the day on which the petition was filed; provided, that upon application of the petitioner, the chairman of the planning commission may postpone the date of the hearing for a reasonable time beyond such ten-day period when in his judgment the petitioner has submitted good and sufficient reasons for the postponement.

(c) After such hearing, the planning commission shall make findings as to compliance with the provisions of this article and regulations issued hereunder and shall issue an order in writing sustaining, modifying or withdrawing the notice which shall be served as provided in subsection (a)(4) of this section. Upon a failure to comply with any order sustaining or modifying a notice, the applicable permit pertaining to the mobile home park affected by the order may be suspended or revoked by order of the planning commission.

(d) The proceedings at such a hearing, including the findings and decisions of the planning commission together with a copy of every notice and order related thereto shall be entered as a matter of public record in the office of the city clerk, but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this section. Any person aggrieved by the decision of the planning commission may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.

(e) Whenever the enforcement officer finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency including the suspension of the permit. Notwithstanding any other provisions of this article, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the planning commission shall be afforded a hearing as soon as practicable. The provisions of subsections (c) and (d) of this section shall be applicable to such hearing and the order issued thereafter.

(Code 1973, § 20-6)

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