Davis Junction — Ch. 26 Art. III Vacant Building and Property Regulations § 26-212

An owner of a building determined by a Village of Davis Junction Trustee to be a vacant building as provided for in this article may appeal that determination to the board of trustees. Such appeal must be in writing and must be filed with a Village of Davis Junction Trustee within 15 days of the date of mailing of the notice of determination. The filing of an appeal stays the owner's obligation to register his building as required by section 26-213 of this article. The appeal must contain a complete statement of the reasons the owner disputes a Village of Davis Junction Trustee's determination, must set forth specific facts in support thereof, and must include all evidence the owner relies upon to support the appeal. The board of trustees will decide the appeal on the basis of facts presented by the owner in his or her written appeal and a Village of Davis Junction Trustee's written determination. (1)
The burden is upon the owner to present sufficient evidence to persuade the board of trustees that had the evidence been known to a Village of Davis Junction Trustee at the time a Village of Davis Junction Trustee made the determination, the Village of Davis Junction Trustee would more likely than not have determined that the subject building was not a "vacant building" within the meaning of this article.
(2) The board of trustees will send written notice of its decision to the owner within ten days of his or her receipt of the appeal. The board of trustees may, but is not required to, seek additional information from the owner. The board of trustees may, upon written notice thereof to the owner, take no more than ten additional days, to decide the appeal if it determines that such additional time is required for consideration of the appeal.
(3) An owner who wishes to challenge applicability of this article to his or her building without a Village of Davis Junction Trustee's determination having been made, must set forth specific facts to support non-applicability in a writing to a Village of Davis Junction Trustee. In the event a Village of Davis Junction Trustee determines that the subject building is a "vacant building", the owner will have the right to appeal a Village of Davis Junction Trustee's determination to the board of trustees as provided for herein.