(a) Any person to whom a Notice of Violation is addressed may appeal the determination of the City Administrator to the Mayor. The Notice of Appeal must be received within 14 days following the date on which the Notice of Violation is delivered to the address of the person seeking appeal. The Notice of Appeal shall clearly describe each alleged error in the Notice of Violation to be raised on Appeal and the nature of the relief sought by the Appellant.
(b) Within 5 days following receipt of the Notice of Appeal, the Mayor shall grant the relief requested by the Notice of Appeal or assign the Appeal for Hearing before the Mayor or such person as may be designated by the Mayor to hear and determine the Appeal. In the event the Appeal is assigned for hearing, the hearing shall be conducted no earlier than 10 days nor later than 14 days following the date on which the Mayor determines that the requested relief cannot be granted without hearing. Notice of the date, time and place at which the hearing is to be conducted shall be delivered to the Appellate at the address at which the Notice of Violation was served on the Appellant unless the Notice of Appeal specifically requests that future correspondence be delivered to a different address.
(c) The Appellant shall personally appear at the time and place stated in the assignment of the matter for hearing and may have the assistance of legal counsel throughout the proceeding. The Appellant may present the testimony of any person who professes to have personal knowledge of any event or condition described in the Notice of Violation and expert opinions regarding the efficacy of Best Management Practices proposed by the City Administrator or Appellant. Witnesses and Expert Witnesses may be presented without prior notice to the City Administrator or hearing officer. Compliance with the Ohio Rules of Evidence shall not be required but all testimony and argument presented shall be relevant to one or more alleged errors described in the Notice of Appeal and the Mayor or hearing officer designated by the Mayor shall not receive or consider any information or argument that does not pertain to an issue identified as a subject of contention by the Notice of Appeal.
(d) Within 5 days following the conclusion of the hearing, the Mayor or hearing officer to whom the Appeal was presented shall issue a written determination of each alleged error in the Notice of Violation described by the Notice of Appeal and may modify the remedial action(s) required by the Notice of Violation in accordance with the factual findings and legal conclusions recited in the determination. The determination shall fix the date by which such remedial actions as are required by the determination shall be completed. The determination shall be served on the Appellant by first class mail and shall constitute a final administrative Order for purposes of judicial appeal. (Ord. 7385. Passed 4-3-12.)