(A) For a notice of abatement involving a violation for a violation of Chapter 93 involving great and immediate danger and notice pursuant to § 93.160, the owner or other person with a valid legal interest may appeal the notice by serving a notice of appeal on the City Administrator within 24 hours of the posting of the property or service, whichever is first. The City Administrator shall review the appeal and the materials provided with the appeal and make a decision. Any appeal of the decision of the City Administrator shall be made to the Circuit Court within ten days of the decision of the City Administrator. However, an appeal of a violation to Circuit Court shall not automatically stay the matter pending appeal and the city may abate the violation. The burden shall be on the appellant to secure an order from the Circuit Court restraining the city from undertaking abatement activities.
(B) For a notice of abatement involving a violation of Chapter 93 not involving great and immediate danger and notice pursuant to § 93.161, the owner or other person with a valid legal interest may appeal the notice by servicing a notice of appeal on the City Administrator within 20 days of the posting of the property or service, whichever is first. The City Administrator shall review the appeal and the materials provided with the appeal and make a decision. Any appeal of the decision of the City Administrator shall be to Circuit Court within ten days. However, an appeal of a violation to Circuit Court shall not automatically stay the matter pending appeal and the city may abate the violation. The burden shall be on the appellant to secure an order from the Circuit Court restraining the city from undertaking abatement activities.
(C) There is no right of adjacent landowners or other citizens to appeal a decision of the Code Enforcement Officer if the officer finds no violation or refuses to issue a notice to abate.
(D) The city shall be under no legal obligation to act to issue a notice to abate a violation of Chapter 93. Nor shall the city be required to actually abate the violation after posting or serving notice. Nor shall the city be required to complete the abatement within any specific time period. If the city does elect to abate, any owner, occupant or mortgage holder shall be jointly and severally liable for the costs of the abatement and such costs may also be filed as a lien against the property.
(Ord. 17-016, passed
7-11-2017)