§ 96.01 ADMINISTRATIVE APPEAL TO HEARING OFFICER.
   (A)   Notwithstanding other remedies allowed within this code, in order to allow the most efficient and cost-effective service to city residents, businesses and land owners, there is hereinafter established a process of administrative appeal from the provisions of any portion of this code to a hearing officer.
   (B)   The City Manager, by the authority granted by the City Council, is hereby authorized to act as a hearing officer or to delegate such authority to other city staff members as deemed appropriate to hear and act on any administrative appeal of the decision of any city officials in the enactment of their duties to interpret, administer, or enforce the provisions of the City Code upon any person or entity.
   (C)   Any party aggrieved by a decision of any city official acting in his or her authority to interpret, administer, or enforce the provisions of the City Code may, within ten days of receipt of the notice of decision, appeal by filing a notice of appeal with the City Manager.
   (D)   The notice of appeal shall set forth the specific objections to the decision of the code official which form the bases of the appeal.
   (E)   The hearing officer shall set a time and place for the hearing as soon as practicable.
   (F)   The hearing proceeding shall be conducted in an informal manner to determine whether there is a sufficient factual and legal basis to support the appeal. The decision of the hearing officer shall in all cases be based upon substantial and reliable evidence. All parties to the hearing shall have the right to present evidence. In a hearing on an appeal, the evidence may relate to specific codes and the physical hardship of meeting such standards on the property in question.
   (G)   The decision of the hearing officer shall be based upon the evidence presented and shall either:
      (1)   Affirm the assessment of the city official, in which case the pertinent provisions of this code shall be enforced; or
      (2)   Reverse the assessment, in whole or in part, of the city official, and provide appropriate direction to the city official regarding the enforcement of the code.
   (H)   When any part of the assessment is affirmed in appeals which are filed, the hearing officer may designate the aggrieved party as responsible for the penalties assessed by the appropriate sections of this code.
   (I)   An aggrieved party may still pursue an appeal to the City Council, if provided for by the City Code, acting as the Board of Appeals or the Board of Adjustment as provided for under the provisions found in other sections of this code or pursue any other legal action afforded under state law.
(Ord. O10-10-14, passed 10-28-2010)