(A) Any owner from date of served notice shall have 30 days to appeal said notice. Each appeal must be in writing including owner information.
(B) An appeals board consisting of three residents of the city who are not holders of any elected office shall serve as a board to hear and determine any protests filed by property owners or their agents as to sidewalk and driveway construction, reconstruction or repair. The mayor shall have the responsibility for appointing this board.
(C) If protests are filed prior to the doing of the work called for by the notice from the director or his agent, the board of appeals shall have authority to modify, alter, or revoke any such notice, as to the amount or type or work required, or the time in which it must be completed, consistent with the city ordinances and specifications regarding sidewalk and driveway construction, reconstruction, or repair. The board shall have the authority to waive strict compliance with such requirements where such compliance would cause undue hardship, provided such waiver will not cause or continue a public nuisance or an unsafe condition.
(D) If protests are filed after the work provided for in the notice to the property owner has begun or has been completed, the board's authority shall be limited to determining that the amount of the bill is correct and is charged against the correct property, and that the work done or being done was or is in accordance with the notice to the property owner. If the board shall find that an amount has been incorrectly charged against the property, but the work is or has been done for which the city contractor is entitled to payment, it may order such payment upon completion of the work from the "sidewalk and driveway restoration fund" to cover that portion of the city's responsibility.
(E) All protests regarding the sidewalk or driveway construction, reconstruction, or repairs, or assessments therefore shall be filed in writing with the director who shall notify the person filing such protest of the date and place of hearing before the appeals board.
(F) The decision of the Sidewalk/Driveway Appeals Board shall be final.
(Ord. 1220, passed 12-22-81; Am. Ord. 1418, passed 7-5-88; Am. Ord. 1541, passed 3-17-92)