(A) An appeal of the final decision of the Flood Safety Officer may be made to the SSWU, unless enforcement has occurred directly through the Code of Ordinance Enforcement Board, which provides an appeal process to the Christian County District Court.
(B) The appeal shall be taken within 30 days after the decision by filing, with the Flood Safety Officer and with the SSWU, a notice of appeal specifying the grounds upon which the appeal is being taken. The Flood Safety Officer shall transmit to the SSWU all the papers constituting the record upon which the action appealed from was taken. At the public hearing on the appeal held by the SSWU, any interested person may appear and enter his or her appearance, and all shall be given an opportunity to be heard.
(C) The SSWU shall hold a public hearing within 45 days after the receipt of an application for an appeal from the Flood Safety Officer or an applicant. However, the public hearing shall not be held sooner than 14 days after its receipt.
(D) Before holding the public hearing, notice of the hearing shall be given in one or more newspapers of general circulation of the city at least 14 days before the date of the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed appeal.
(E) Each adjoining property owner shall be contacted in writing prior to the public hearing. Notice shall be mailed by the chairperson of the SSWU, or duly appointed representative, by registered mail, at least 14 days before the day of the hearing to all parties in interest. The notice shall contain the same information as required of notices published in newspapers as specified in division (D) above.
(F) Within 30 days after the public hearing required in this chapter, the SSWU shall either approve; approve with supplementary conditions; or disapprove the request for appeal.
(G) Nothing in this chapter shall be interpreted to prevent any adversely affected individual, entity or official of the city from appealing a decision of the SSWU to the courts as provided in state law. Any person or entity claiming to be injured or aggrieved by any final action of the SSWU shall file the appeal within 30 days of the SSWU’s written decision.
(Ord. 17-2012, passed 11-20-2012)