(A) Procedure. Any person aggrieved by the action of the enforcement agency related to this chapter may appeal. Appeals must be:
(1) In writing and specify the grounds upon which the appeal is made.
(2) Accompanied by the appropriate fee as determined by the City Council upon recommendation of the City Manager.
(3) Filed with the Chairperson of the Stormwater Board of Appeals or his or her appointee within 30 days after the contested action, and a copy provided to the enforcement agency.
(B) Report. Upon receiving a copy of an appeal, the enforcement agency shall prepare a written summary report of all actions related to the contested action. The report shall be provided to the Stormwater Board of Appeals and to the appellant at least five days prior to the appeal hearing.
(C) Hearings.
(1) Time. The Chairperson of the Stormwater Board of Appeals or his or her appointee shall fix a reasonable time for the appeal hearing.
(2) Notice. At least 14 days prior to the appeal hearing, the Chairperson of the Stormwater Board of Appeals or his or her appointee shall provide written notice of the appeal hearing date, time and location to the appellant, the member of the Stormwater Board of Appeals, the enforcement agency, the city’s Department of Public Works and property owners within 300 feet.
(D) Stormwater Board of Appeals.
(1) Members shall be: Chairperson of the Zoning Board of Appeals; Chairperson of the Planning Commission; one member of the City Council; City Engineer; Department of Public Works Superintendent; and the City Manager (ex-officio).
(2) By majority decision, the Stormwater Board of Appeals can reverse, modify or affirm in whole or in part the contested action. In making its decision, the Stormwater Board of Appeals has all of the powers of the enforcement agency.
(3) The decision of the Stormwater Board of Appeals is the final relief provided by this chapter.
(4) The decision of the Stormwater Board of Appeals shall be in accordance with the purposes and objectives of this chapter and shall not create a hazard to the public health or to the environment.
(E) Other remedies. Notwithstanding that an aggrieved person has a right to appeal pursuant to the provisions of this chapter, that person is not precluded from pursuing any other remedy provided by law.
(Ord. eff. 9-6-07)