§ 53.38 APPEALS.
   (A)   Appeal of a violation imposed on property.
      (1)   Any person aggrieved by a violation, imposed with respect to property in which he has an interest, may appeal the violation by filing a written notice of appeal with the Stormwater Management Department, within two days of mailing or delivery of the notification of the violation.
      (2)   The notice of appeal shall state the specific reasons why the violation is alleged to be in error.
      (3)   A representative of the Stormwater Management Department shall hear the written appeal within two days of its receipt, or within such time as may be practicable.
      (4)   The representative of the Stormwater Management Department shall render a decision on the appeal, in writing, within ten working days after it has been heard.
      (5)   This decision shall be final with respect to this chapter.
   (B)   Appeal of a penalty.
      (1)   Any person aggrieved by the decision of the Stormwater Management Department, with respect to a penalty imposed, may appeal in writing, within ten days of the mailing or delivery of the notification of the imposition of such penalty, to the Stormwater Management Department, according to the procedure set forth in division (A) above.
      (2)   The penalty shall be stayed during the tendency of such appeal.
      (3)   The decision of the Stormwater Management Department shall be final with respect to penalties.
      (4)   The Stormwater Management Department shall:
         (a)   Conduct a de novo review of the violation;
         (b)   Provide the appellant with notice of the review; and
         (c)   Upon request, allow the appellant an opportunity to be heard orally or in writing.
(Ord. 2004-19, passed 11-8-04)