(a) Filing. Any resident or nonresident owner of taxable real property within the corporate limits of the city who believes that there has been a violation of Division 1 of this article may file a sworn complaint with the city secretary’s office. The complaint must be filed within two years after the alleged violation occurred. For purposes of this provision, a complaint shall be considered filed when it has been accepted by the city secretary as complete as to form in accordance with subsection (c) below. If a complaint is dismissed by the ERC but permitted to be re-filed in accordance with this Division, the re-filed complaint shall be deemed to have been filed on the date that the initial complaint was accepted by the city secretary. A complaint must be in writing and contain the following information:
(1) The name, street or mailing address and telephone number of the complainant;
(2) The name and position or title of the person complained about;
(3) The date and nature of the alleged violation and the specific provision of Division 1 of this article alleged to have been violated;
(4) A statement of the facts on which the complaint is based and the date(s) on which the violation occurred;
(5) The sources of evidence or information that are relevant to the complaint, including, if possible, copies of all relevant documents or materials that are available to the complainant.
(b) Sworn nature. A complaint must be accompanied by an affidavit stating that the complaint is true and correct or that the complainant has good reason to believe and does believe that the facts alleged constitute a violation of Division 1 of this article. The complainant shall swear to the facts by oath before a notary public or other person authorized by law to administer oaths under penalty of perjury.
(c) Acceptance by the city secretary. If a complaint does not substantially comply with the filing requirements set forth in subsection (a) above or does not comply with the requirements of subsection (b) above, the city secretary shall by certified mail, return receipt requested, return the complaint to the complainant with a letter stating the defects in the complaint. If a complaint substantially complies with the filing requirements set forth in subsection (a) above and complies with the requirements of subsection (b) above, the city secretary shall acknowledge to the complainant that the complaint is complete as to form and provide a copy of the complaint to the city attorney, ERC and the person complained against.
(Ord. 20548-12-2012, § 1, passed 12-18-2012, eff. 12-22-2012)