(A) An appeal from any judgment, decision or determination of the Board shall be made to the County District Court within seven days of the date of the Board's judgment, decision or determination. The appeal shall be initiated by the filing of a complaint and a copy of the Board's final order in the same manner as any civil action under the State Rules of Civil Procedure.
(B) The action before the District Court shall be tried de novo and the burden shall be upon the city to establish that a violation occurred. If the court finds that a violation occurred, the property owner, resident, tenant, occupant or other violator shall be ordered to abate the violation and pay to the city all fines, charges, costs, penalties and/or fees, including administrative fees occurring as of the date of the judgment. If the District Court finds a violation did not occur, the city shall be ordered to dismiss the notice of violation or citation and the plaintiff/appellant shall be authorized to recover his or her court costs (filing fees, not attorney fees). If the property owner, resident, tenant, occupant or other violator does not abate the violation in the time provided, another notice of violation may be issued in accordance with § 150.04(A) above, for each subsequent and separate violation of the Property Maintenance Code.
(C) If no appeal from a final judgment, decision or order of the Board is filed within the time period set in division (A) above, the Board's order shall be deemed final and enforceable for all purposes provided herein.
(Ord. 08-07, passed 8-4-2008)