§ 96.137  HEARINGS.
   (A)   Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this chapter or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Board of Public Works and Safety of the city, provided the person files in the office of the Board of Public Works and Safety a written petition requesting the hearing and setting forth a brief statement of the grounds therefor within 10 days after the date the notice was served.  Upon receipt of the petition, the Board of Public Works and Safety shall set a time and place for the hearing and shall give the petitioner written notice thereof.
   (B)   At the hearing, the petitioner shall be given an opportunity to be heard and to show why the notice should be modified or withdrawn.  The hearing shall be commenced not later than 10 days after the day on which the petition was filed; however, upon application of the petitioner, the Board of Public Works and Safety may postpone the date of the hearing for a reasonable time beyond the 10-day period, if, in its judgment, the petitioner has submitted a good and sufficient reason for a postponement.  All hearings on any petition shall be open to the public.
   (C)   After a hearing, the Board of Public Works and Safety shall sustain, modify or withdraw the notice depending on its findings as to whether the provisions of this chapter have been complied with.  If the Board of Public Works and Safety sustains or modifies the notice, it shall be deemed to be an order.  Any notice served pursuant to § 96.136 shall automatically become an order if a written petition for a hearing is not filed in the office of the Board of Public Works and Safety within 10 days after the notice is served.  After a hearing in the case of any notice suspending any permit required by this chapter when the notice has been sustained by the Board of Public Works and Safety, the permit shall be deemed to have been revoked.  Any permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Board of Public Works and Safety within 10 days after the notice is served.
   (D)   (1)   The proceedings at these hearings, including the findings and decisions of the Board of Public Works and Safety shall be summarized, reduced to writing and entered as a matter of public record in the office of the Board of Public Works and Safety.  This record shall also include a copy of every notice or order issued in connection with the matter.
      (2)   Any person aggrieved by the decision of the Board of Public Works and Safety may seek relief by submitting within 10 days after the decision an appeal to the circuit or superior courts of the county.
      (3)   The verified complaint shall set forth a copy of the notice or order of the inspecting official, as affirmed by the Board of Public Works and Safety and the date thereof, and the copy of the decision of the Board of Public Works and Safety appealed from and the date thereof.
(Prior Code, § 96.87)  (Ord. 3337, passed 8-7-1961)