(A) The Village Council shall act as the POTW Board of Appeals to consider appeals from final decisions of the POTW Manager.
(B) The following provisions shall govern appeals of final decisions of the POTW Manager made to the POTW Board of Appeals under this chapter.
(1) An appeal from any final action of the POTW Manager must be made to the POTW Board of Appeals within seven days from the date of the action appealed. The appeal may be taken by any person aggrieved by the action. The appellant shall file a notice of appeal with the POTW Manager and with the POTW Board of Appeals and shall be accompanied by payment of the appeal fee in the amount as established by resolution of the Village Council. The notice of appeal shall specify the grounds for the appeal and shall include all documentation that will be submitted in support of the appeal. All documentation and evidence in support of the appeal shall be provided at the sole cost of the appellant. Failure to file a timely notice of appeal shall be deemed to be a waiver of the right to appeal.
(2) Prior to a hearing before the POTW Board of Appeals regarding an appeal, the POTW Manager shall transmit to the POTW Board of Appeals a written summary of all previous action taken in connection with the action being appealed. The POTW Board of Appeals may, at its discretion, request the POTW Manager to provide further information regarding the action that is the subject of the appeal.
(3) The POTW Board of Appeals shall fix a reasonable time for the hearing of the appeal. Notice of the hearing shall be provided to require the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing. Any testimony taken at the hearing shall be under oath and recorded. A copy of the transcript of the hearing shall be made available at cost to any person upon payment of applicable charges for the transcript. The POTW Board of Appeals shall decide the appeal within a reasonable time.
(4) The POTW Board of Appeals may reverse or affirm, in whole or in part, the action appealed from, or may make any order, requirement, decision, or determination as, in its opinion, ought to be made in the case under consideration. To that end, the POTW Board of Appeals shall have all the powers of the POTW Manager as provided by this chapter.
(5) The final disposition of the appeal shall be in the form of a ruling by the POTW Board of Appeals, either reversing, modifying, or affirming, in whole or in part, the action of the POTW Manager. The action of the POTW Manager shall not be reversed or modified, in whole or in part, and the POTW Board of Appeals shall not otherwise find in favor of the appellant except by a majority vote of the POTW Board of Appeals. The decision of the POTW Board of Appeals shall be final.
(Ord. 2009-5, passed 7-20-2009)