(A) If either the reporting citizen or the alleged violator disagrees with the results of the decision contained in the enforcement official’s written report, either or both persons shall, within 30 days from the date of receiving a copy of the report, request a hearing before the Board of Adjustment. The request for hearing shall be filed with the Clerk.
(1) If a hearing is requested, it shall be granted no sooner than 15 days, nor more than 30 days after the request for hearing has been received by the Clerk.
(2) At the conclusion of the hearing and, after due deliberation, the Board of Adjustment shall issue a written opinion, containing appropriate findings of fact, either affirming, modifying or negating the decision of the enforcement official. If the Board of Adjustment affirms the decision of the enforcement official, the Board of Adjustment shall also set a reasonable time in which the alleged violator shall correct the alleged violation.
(B) The written opinion of the Board of Adjustment shall be appealable directly to the Council by either the reporting citizen or the alleged violator. A hearing to review the Board of Adjustment’s final decision shall be heard by the Council at its next regularly scheduled meeting.
(1) At the hearing before the Council, the reporting citizen, the alleged violator and a designated member of the Board of Adjustment shall present testimony to the Council.
(2) At the conclusion of the Council hearing, and after due deliberation, the Council shall issue a written decision, containing appropriate findings of fact, either affirming, modifying or negating the decision of the Board of Adjustment.
(3) If either the reporting citizen or the alleged violator is dissatisfied with the decision of the Council, he or she may appeal the action to the Yavapai County Superior Court.
(2001 Code, § 3-3-5)