(A) Requests for extension of time shall be made in writing to the Public Works Director or his or her authorized representative. All other appeals shall be made in accordance with the following procedures:
(1) Adjudicatory hearings. A customer assessed a civil penalty under this section shall have the right to an adjudicatory hearing before a hearing officer designated by the Public Works Director upon making written demand, identifying the specific issues to be contested, to the Public Works Director, within 30 days following notice of final decision to assess a civil penalty. Unless such demand is made within the time specified in this section, the decision on the civil penalty assessment shall be final and binding.
(2) Appeal hearings. Any decision of the Public Works Director made as a result of an adjudicatory hearing held under division (1) of this section may be appealed by any party to the Board of Commissioners upon filing a written demand within 10 days of receipt of notice of the decision. Failure to make written demand within the time specified in this section shall bar further appeal. The Board of Commissioners shall make a decision on the appeal within 90 days of the date the appeal was filed and shall transmit a written copy of its decision by registered or certified mail.
(3) Official record. When a final decision is issued under this section, the Board of Commissioners shall prepare an official record of the case that includes:
(a) All notices, motions, and other like pleadings;
(b) A copy of all documentary evidence introduced;
(c) A certified transcript of all testimony taken, if testimony is transcribed. If testimony is taken and not transcribed, then a narrative summary of any testimony taken;
(d) A copy of the final decision of the Board of Commissioners.
(4) Judicial review. Any customer against whom a final decision of the Board of Commissioners is entered, pursuant to the hearing procedure under this section, may appeal the order or decision by filing a written petition for judicial review within 30 days after receipt of notice by certified mail of the order or decision to the general court of justice of Robeson County or the county where the order or decision is effective, along with a copy to the Board of Commissioners. Within 30 days after receipt of the copy of the petition of judicial review, the Board of Commissioners shall transmit to the reviewing court the original or a certified copy of the official record, as outlined in this section.
(Ord. 09-120, passed 7-21-2009)