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A. Any owner or occupant of property aggrieved by the issuance of a notice and order or the assessment of reinspection fees by the Code Enforcement Administrator may appeal the notice and order or the assessment of reinspection fees by filing a notice of appeal with the Code Enforcement Administrator within ten (10) days of the date of mailing, posting or personal service of the notice and order or the assessment of reinspection fees. The written notice of appeal shall specify the grounds for the appeal and must include the following:
1. A citation to the explicit ordinance provisions which are in dispute;
2. An explanation of how the notice and order or the assessment of reinspection fees was improperly issued due to one or more of the following:
a. It was against the express language of the City Code; or
b. It was against the express intent of the City Code; or
c. It is unreasonable; or
d. It is not supported by the facts.
B. Any person pursuing an appeal of the issuance of a notice and order shall be responsible for the payment of all fees and for the completion of all forms that may be prescribed. Failure to pay any required fee or to properly complete any required form shall be deemed a waiver of the right to appeal.
C. The hearing date before the Referee shall be at least twenty two (22) days after the date of filing of the notice of appeal. The Referee shall notify the Code Enforcement Administrator of the hearing date, time and location and the Code Enforcement Administrator shall post public notice of the hearing date, time and location conspicuously upon the affected premises. The Code Enforcement Administrator or designee may appear at the hearing but is not required to do so.
D. Before rendering a decision, the Referee shall hold a public hearing on the matter raised in the notice of appeal. As an appeal hearing is a quasi-judicial proceeding, no subpoena may be issued to compel the attendance of any person, and no oath or affirmation shall be required prior to the giving of testimony. The Referee shall not be bound by the Colorado Rules of Civil Procedure or the Colorado Rules of Evidence. The Referee may consider hearsay evidence, or any other evidence reasonably calculated to assist the Referee in rendering a decision, and may give it whatever weight the Referee deems appropriate. The Referee may admit any relevant evidence that a reasonable and prudent person would rely upon in the conduct of everyday affairs. Depending upon the nature or complexity of the appeal, the Referee may direct or order that the Code Enforcement Administrator and appellant submit, prior to the hearing, any documentary or demonstrative evidence that they plan to present during the hearing, which shall be subject to discovery to the other party.
E. A verbatim record of the public hearing shall be kept and the Referee shall preserve the findings of fact and conclusions of law in the record for each item or matter heard for at least sixty (60) days after final agency action by the Referee.
F. The Presiding Judge of the Municipal Court may adopt appropriate rules of procedure for appeal hearings conducted by the Municipal Court Referee.
G. A perfected appeal shall operate as a stay of the enforcement action unless the Code Enforcement Administrator certifies in writing under oath that a stay would cause or result in an imminent hazard to the public health, safety and welfare. (Ord. 04-70; Ord. 18-27)