A. Any appeal of a decision by a City inspector or other City official that a residential rental dwelling unit is in violation of a building, housing or sanitation codes or ordinances is appealable pursuant to the procedures set forth in this subsection. The appeal must be in writing and filed within ten (10) calendar days from the date of the decision with the appeal fee established by resolution of the City Council. The appeal shall specifically identify the decision which is the subject of that appeal and the reasons why, in the appellant's opinion, the decision is clearly erroneous. Failure of the Director to receive a timely notice of appeal constitutes a waiver of the right to contest any such decision. In this event, the decision is final and binding. Appeals under this subsection shall be heard as follows:
1. The City shall set the date and time for the administrative hearing not less than seven (7) calendar days and not more than ninety (90) calendar days from the date the notice of appeal is filed and in the event a fine is being appealed, the fine is deposited with the City, provided, however, that no hearing to contest an administrative fine shall be held unless the full penalty amount has been deposited in advance. The administrative hearing will be conducted by the City Manager or his/her designee. If the responsible party fails to attend the scheduled hearing, the hearing will proceed without the responsible party; and he or she will be deemed to have waived his or her right to an administrative hearing.
2. Upon the conclusion of the hearing, the Hearing Officer shall, on the basis of the evidence presented at the hearing, determine whether the decision should be upheld, or whether the decision was clearly erroneous and therefore should be modified or reversed. The determination of the Hearing Officer shall be final.
3. A copy of the Hearing Officer's decision shall be served upon the owner or operator of the residential rental dwelling unit by United States mail or by personal delivery within ten (10) days.
[Ord. No. 534, 5/13/15; Am. Ord. 536, Section 1, 10/28/15.]