(A) Any party aggrieved by any action taken by a city official pursuant to this chapter may appeal that action or determination by delivering a notice of appeal within ten business days of the time that the appellant did or should have become aware of the action complained of.
(B) A notice of appeal shall be delivered to the City Clerk/Treasurer at 304 Main Cross. Charlestown, IN 47111.
(C) Contents of the notice of appeal. A notice of appeal must be in writing and shall be presented in type or legible printing, stating, at minimum, the following:
(1) The name of the aggrieved party;
(2) The property address of the aggrieved party;
(3) The mailing address of the aggrieved party:
(4) The specific action or inaction from which an appeal is being taken;
(5) The date(s) that the action or inaction described above occurred:
(6) The location where the action or inaction occurred, or is alleged to have occurred;
(7) The date(s) that any notices were provided to the aggrieved party by a city official:
(8) Each reason the aggrieved party disagrees with the action, inaction, or determination of the city official; and
(9) The name and address of all persons the aggrieved party is aware of that have information or personal knowledge to support the aggrieved party’s appeal.
(D) Appeal hearing. An appeal of any action taken by the Sanitation Department or a city official taken under this chapter should be heard by the city's Board of Public Works and Safety as soon as practical, ideally within 30 calendar days after the filing of the notice of appeal. The issues on appeal arc limited to:
(1) Whether there was a preponderance of evidence proving that a violation of this chapter occurred;
(2) Whether the person who was fined or otherwise sanctioned has violated, or aided another person in violating this chapter;
(3) Whether or not a citation or other notice was sent or provided to the aggrieved party;
(4) Such other issues as may be necessary to conduct a just appeal.
(E) Appeal decisions of the city's Board of Public Works and Safety may be appealed to the Clark Circuit Court within 30 calendar days of notice of a decision being made by the Board.
(Ord. 2016-OR-14, passed 6-20-2016; Ord. 2020-OR-12, passed 8-17-2020; Ord. 2022-OR-09, passed 8-1-2022) Penalty, see § 50.99