Unless another method for the appeal of penalties or enforcement actions imposed for violating a city ordinance is specified in a city ordinance, state statute or administrative regulation, the following process for appeals of penalties or enforcement actions imposed by city ordinances shall apply.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGRIEVED PARTY. Any person subject to penalties or enforcement actions taken by a city official or city enforcement officer for violation of a city ordinance.
BOARD. The city’s Board of Public Works and Safety.
CITY. The City of Charlestown, Indiana.
CITY OFFICIAL. An employee, officer, elected official, appointed representative or other person having been vested with authority to act on behalf of the city in an official capacity.
ENFORCEMENT OFFICER. A person designated by a city official to conduct or assist with inspections, as well as with the enforcement of laws, ordinances and regulations in the city.
PERSON. Means an individual, firm, partnership, association, corporation, legal representative, trustee, receiver or any other group or legal entity capable of owning property.
(B) Appeal procedures.
(1) Persons who may appeal. Any person subject to penalties or enforcement actions taken by a city official or city enforcement officer for violation of a city ordinance (an “aggrieved party”) may appeal that determination or action.
(2) Initiating an appeal.
(a) Any aggrieved party wishing to initiate an appeal must do so by delivering a written notice of an appeal within ten business days of the time that proper notice of any penalty or enforcement action is provided (in any permissible way) by a city official or enforcement officer. The notice of an appeal shall be delivered to the office of the City Clerk-Treasurer at 304 Main Cross, Charlestown, Indiana 47111 during regular business hours.
(b) A notice of appeal may be sent by U.S. mail, certified mail, return receipt requested, at the risk of the aggrieved party.
(3) Contents of notice of appeal.
(a) The notice of an appeal provided for above must be in writing and shall be presented in at least ten point type or legible printing stating, at a minimum, the following information:
1. The name of the aggrieved party;
2. The residence address of the aggrieved party;
3. The mailing address to which notices and decisions can be mailed to the aggrieved party via the U.S. Postal Service;
4. The specific action or determination of the city official or enforcement officer from which an appeal is being taken;
5. The date(s) that the action or determination of the city official or enforcement officer described above occurred;
6. The location where the violation of a city ordinance is alleged to have occurred;
7. Each reason that the aggrieved party disputes, disagrees with or challenges the determination of the city official or enforcement officer;
8. Whether the aggrieved party is challenging the fact an ordinance was violated, is requesting a reduction or waiver of a fine or cessation of an enforcement action, or both;
9. The name and address of all persons the aggrieved party intends to present as witnesses at the appeal hearing; and
10. A description of any documents or written proof the aggrieved party intends to present to support the aggrieved party’s appeal.
(b) The form of notices should be liberally construed by the Board as to form. A person pursuing an appeal can present the required information in either enumerated paragraphs or in a written narrative format.
(C) Issues on appeal. The issues on appeal are limited to:
(1) Whether the aggrieved party is the party identified by the city official or enforcement officer;
(2) Whether that regulated behavior or condition took place within the city;
(3) Whether the aggrieved party upon which a penalty or enforcement action was imposed was provided with adequate notice of violation of city ordinances;
(4) Whether a preponderance of evidence exists to justify a finding that a violation of a city ordinance occurred;
(5) Whether fines or other enforcement actions that were imposed were reasonable under the circumstances; and
(6) Such other issues as may be necessary to conduct a just appeal.
(D) Appeal hearing. An appeal of any action taken by the enforcement officer or city official shall be by a hearing before the Board, and would ideally be conducted within 30 calendar days after the filing of the notice of appeal, or as soon thereafter as convenient and practical under the circumstances. The aggrieved party shall be sent a notice of the date, time and place of the appeal hearing at least five days in advance of the hearing date.
(E) Presentation of case. The aggrieved party can choose to rely on the information contained in the aggrieved party’s notice of appeal filed with the Clerk-Treasurer or, alternatively, will be provided with a reasonable opportunity to testify, present testimony November 8, 2022 by witnesses, cross- examine adverse witnesses and present evidence relevant to the issues on appeal at the hearing. The city official or enforcement officer shall also have those rights.
(F) Appeal of Board action. Decisions of the Board may be appealed to the County Circuit Court within 30 calendar days of notice of a decision being sent by the Board to the aggrieved party. A party wishing to appeal the Board’s final decision shall do so to the County Circuit Court in the City of Jeffersonville, Indiana. Such an appeal is to determine if the Board’s record contains evidence sufficient to support the Board’s determinations and is not to be a trial de novo.
(Ord. 2018-OR-24, passed 12-3-2018)