(a) Any discharger shall have the right to request in writing an interpretation or ruling by the Director on any matter covered by this chapter and shall be entitled to a written reply within seven days from the receipt of the request. Receipt of a discharger's request shall stay all enforcement proceedings pending receipt of the aforesaid written reply.
(b) An appeal from a decision of the Director concerning an interpretation of this chapter shall be taken to Council. An appeal shall be instituted within thirty days of the decision by filing a notice of appeal specifying the grounds thereof. The Director shall forthwith transfer to Council all the papers constituting the record upon which the action appealed from is taken.
(c) Council may consider an appeal at a regularly scheduled meeting, or Council may call a special meeting at a time convenient to both parties where it is necessary to fulfill the requirements of this chapter. Council shall hear an appeal no later than sixty days after notice of the appeal has been filed.
(d) Any meeting of Council, held to consider an appeal pursuant to the provisions of this chapter are considered, shall be open to the public. The Clerk-Treasurer shall give the public notice thereof, along with due notice to each interested party. Any party may appear in person or by agent or by attorney.
(e) An appeal stays all proceedings in furtherance of the action appealed from, unless the Director certifies to Council after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause or threaten an imminent or substantial danger to the health or welfare of the community or a substantial danger to the environment. Relief from a stay shall not be given otherwise than by a written order which shall be granted by Council on application or notice to the Director and on due cause shown. Subsequent to the issuance of such written order, Council shall hold a hearing on the feasibility of granting such an order within fifteen days after the order issues.
(f) A fee of one hundred dollars ($100.00) shall be paid to the Director at the time that notice of appeal is filed. Such fee shall be paid into the general treasury of the City for the purpose of defraying the cost of advertising, investigating and hearing the appeal.
(g) Council shall have the following powers and duties in regards to appeals instituted pursuant to this chapter:
(1) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Director in the enforcement of this chapter;
(2) To interpret the provisions of this chapter in such a way as to carry out the intent or purpose of this chapter as indicated in Section 933.01;
(3) To bind the Director with its decisions concerning the implementation, application and enforcement of this chapter;
(4) The concurring vote of three members of Council shall be necessary to reverse any order, requirement, decision or determination of the Director or to decide in favor of the appellant on any matter upon which it is required to pass under this chapter; and
(5) In exercising the above mentioned powers, Council may reverse or affirm, wholly or partially, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made.
(h) Appeal of any final administrative order entered pursuant to this chapter may be taken in accordance with local and State law.
(Ord. 4-2012. Passed 2-6-12.)