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Any violating party receiving written notice as set forth in this chapter may request an opportunity to appeal the code enforcement officer's determination that a violation exists to the city council. The appeal shall be made using the following procedures:
A. All affected persons shall be entitled to be heard and participate in the appeal meeting held by the city council.
B. A fee of seventy five dollars ($75.00) is required for each separate appeal. The fee is payable to the city clerk upon filing an appeal.
C. At any time during the thirty (30) day compliance period, a person wanting to appeal shall make a written application upon a form prescribed by the city clerk. The application shall contain a legal description of the property, a general description of the basis of the appeal and be accompanied by such other information as may be required by the city clerk.
D. On the date the city clerk receives the written application and prescribed fee, all code enforcement activities and timeliness shall be suspended until the appeal has been heard and determined by the city council unless the code enforcement officer finds an immediate and serious danger to persons or property may occur during the appeal process. The city clerk shall set the appeal as an administrative item on the next appropriate city council meeting agenda.
E. The appellant may submit information for the city council to consider in writing. The appellant may provide oral comment and opinions of other witnesses at the time set for the appeal. (Res. 55, 10-2-2001)
F. The city council shall hear and consider all evidence provided during the meeting on the appeal as well as all evidence in the files maintained by the city and all other relevant information available to the members of the city council. The city council shall render a decision in writing no later than thirty (30) days after the meeting. Such decision shall be provided to the appellant by personal delivery, regular mail or electronic means. When sent by electronic means, the appellant shall be deemed to have received the decision on the date it was sent. When sent by regular mail, the appellant shall be deemed to have received the decision three (3) days after the date of mailing. The appellant or an affected person may seek reconsideration of the decision by filing a written request with the city clerk no later than fourteen (14) days after receiving the decision. Such request must identify specific deficiencies in the decision for which reconsideration is sought. Upon reconsideration, the decision may be affirmed, reversed or modified. A written decision on the request for reconsideration shall be provided to the appellant or affected person in the manner set forth above within sixty (60) days of receipt of the request for reconsideration or the request is deemed denied. The decision of the city council on the appeal, or if reconsideration is requested, the decision of the city council regarding the same, is final and if the appeal or request for reconsideration is not successful, the city council shall specify in writing a time certain in which the violation must be brought into compliance, such time not to exceed thirty (30) days from the date of the decision unless the city council specifically finds through extenuating circumstances that additional time is appropriate. In the event of a violation of any of the provisions of the zoning ordinance, or in the event of a failure to comply with any prescribed condition of approval of any zoning decision, annexation agreement, variance or special use permit, the city council may revoke the zoning, annexation, variance and/or special use permit. (Ord. 276, 1-5-2016)
G. At the end of the time allowed by the city council, if the violation continues, another written notice will be sent stating that the city attorney is authorized to bring criminal charges and/or pursue civil remedies against the violating party. (Res. 55, 10-2-2001)