(A) Right to appeal. Any person affected by a notice, citation or order issued by the Public Officer served pursuant to this subchapter or a notice citation or order issued under the city property maintenance codes shall have the right to appeal to the Administrative Hearing Officer, provided that a written application for appeal is filed within ten days after hearing before the Public Officer conducted pursuant to § 150.04 of this chapter.
(1) An application for appeal shall be based on a claim that the true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of the code are adequately satisfied by other means.
(2) Appeals of orders (other than imminent danger notices) shall stay the enforcement of the order until the appeal is heard by the Administrative Hearing Officer.
(3) All appeals to the Administrative Hearing Officer shall be conducted in accordance with Tenn. Code Ann. §§ 6-54-1001 et seq. and Title III, § 32.35 of the Etowah Municipal Code.
(B) Judicial review of final order. A person who is aggrieved by a final decision of the Administrative Hearing Officer in a contested case is entitled to judicial review in Chancery Court pursuant to Tenn. Code Ann. §§ 6-54-1001 et seq. which shall be the only available method of judicial review. Proceedings for judicial review of a final order are instituted by filing a petition for review in the Chancery Court in the county where the municipality lies. Such petition must be filed within 60 calendar days after the entry of the final order that is the subject of the review. The Court may, upon the filing of such suit, issue a temporary injunction restraining the Public Officer from carrying out the provisions of the order pending a final disposition of the cause.
(C) Exclusive remedy. The remedies provided herein shall be the exclusive remedy and no person affected by an order of the Public Officer shall be entitled to recover any damages for action taken pursuant to any order of the Public Officer, or because of non-compliance by such person with any order of the Public Officer.
(1994 Code, § 13-211) (Ord. 468, passed 9-19-1991; Ord. passed - -)