(A) Parties who may appeal. Any party aggrieved by any action taken by a city official under this subchapter may appeal that action by delivering a written notice of an appeal within ten business days of the time that the person is provided with notice of the action by a city official. The notice of an appeal shall be delivered to the City Clerk-Treasurer at 304 Main Cross Street, Charlestown, Indiana 47111, during regular business hours, whereupon the city’s Board of Public Works and Safety (the “Board”) should set a hearing to consider evidence presented by the aggrieved party. Decisions of the Board may be appealed to the County Circuit Court within 30 calendar days of notice of a decision being provided by the Board to the aggrieved party.
(B) Contents of notice of appeal. The notice of an appeal provided for in this section must be in writing and shall be written in at least ten-point font or type, or legible printing, stating, at a minimum, the following:
(1) The name of the aggrieved party;
(2) The mailing address of the aggrieved party;
(3) The specific action or inaction of the city official from which an appeal is being taken;
(4) The date(s) that the action or inaction of the city official described above occurred;
(5) Each reason the aggrieved party disagrees with the determination of the city official; and
(6) The name and address of all persons the aggrieved party is aware of that has information or personal knowledge to support the aggrieved party’s appeal, and what information each such person is believed to possess.
(C) Appeal hearing. An appeal of any action taken by any city official under this subchapter should be heard by the Board within 30 calendar days after the filing of the notice of an aggrieved party’s intent to appeal such action(s), or as soon thereafter as practical under the circumstances. The issues on appeal are limited to:
(1) Whether the aggrieved party has properly and timely appealed;
(2) Whether there was a preponderance of evidence to support the action taken by the city official;
(3) Whether or not any required notice was served on or provided to the aggrieved party as required;
(4) Whether fines or other enforcement actions that were imposed were allowable under the circumstances; and
(5) Such other issues as may be necessary to conduct a just appeal.
(D) Appeal of Board action. Any person aggrieved by a determination of the Board concerning any appeal made to the Board may appeal the Board’s final decision to the County Circuit Court in the City of Jeffersonville, Indiana within 30 days of the date a decision is rendered by the Board. Such an appeal is to determine if the Board’s record contained sufficient evidence to support the Board’s determinations and is not in the nature of a trial de novo.
(Ord. 2018-OR-12, passed 4-2-2018)