§ 151.09  APPEALS.
   (A)   A notice of appeal shall contain the following:
      (1)   A brief statement setting forth the legal interest of the appellant in the building which is the subject of the order protested;
      (2)   A brief statement of any material facts which support the contentions of the appellant that the Codes Enforcement Officer is in error;
      (3)   A brief statement of the relief sought and the reasons why the order protested should be reversed, modified, or otherwise set aside; and
      (4)   Signatures of the appellant, his or her official mailing address, and verification upon penalty of perjury as to the truth of the matters stated in the notice of appeal.
   (B)   Failure of any person to file a notice of appeal as provided by this section shall constitute a waiver of the right to a hearing on the protested order, or any portion thereof.
   (C)   If a timely notice of appeal is filed, the Codes Enforcement Officer shall notify the appellant and owner of the building, if different, of the time and place of the hearing on the appeal. A copy of this notice shall be posted on the property. Not less than ten days prior to the hearing, notice of the hearing shall be published in a newspaper of general circulation in the city or by posting notices in three public places in the city.
   (D)   The hearing on any appeal shall be before the City Council.
      (1)   At the hearing, the appellant may present testimony, call witnesses, and submit evidence. The City Council, upon its own motion, may inspect the building to assist in its determination.
      (2)   Only those matters specifically raised by the appellant in the notice of appeal shall be considered at the hearing.
   (E)   If the City Council denies the appeal, in whole or in part, the City Council shall enter an order of abatement. The order shall specify a time certain within which the owner of the building shall either make the building safe or have the building demolished and shall state that if the owner fails to act within the specified time, the city may, at the owner’s expense, make the building safe or have the building demolished. Any order issued pursuant to this section may be appealed as provided by state law.
(Ord. 002-2000, passed 8-30-1999)