(A) Any person aggrieved by the action of the Code Official in issuing a notice of denial or notice of violation shall have the right to appeal that action to the Rental Code Board of Appeals. Such appeal shall be taken by filing with the Rental Code Board of Appeals a notice of appeal within 14 days of the date of the notice of denial or notice of violation. The notice of appeal shall be in writing and shall set forth in sufficient detail why the person believes that the notice of denial or notice of violation was issued in error or why the proposed penalty is excessive, inappropriate, or unreasonable. After the notice of appeal is filed, the Rental Code Board of Appeals shall set a time and place for a public hearing. Notice of hearing shall be given to the appellant in the same manner as the notice of denial or notice of violation. To prevail on appeal, the appellant must prove that the notice of denial or notice of violation was issued in error. If the Rental Code Board of Appeals fails to take formal action at the public hearing, the Rental Code Board of Appeals shall, no later than 30 days after the public hearing, issue its final order, which shall be transmitted to the appellant (owner), or any registered agent, and to the tenant in the same manner as the notice of denial or notice of violation.
(B) There shall be a docketing fee, to be determined by Council resolution, due and payable at the time that any notice of appeal is filed.
(C) The filing of a timely notice of appeal under this section, absent exigent circumstances, shall stay any administrative enforcement action under this Residential Rental Property Code until the Rental Code Board of Appeals has issued its final order.
(D) The final order of the Rental Code Board of Appeals shall be the final decision of the city. Any person aggrieved thereby shall have the right, in accordance with state law, to appeal that final order to the appropriate court of law.
(Ord. 306, passed 10-21-20)