(A) The city, owner, responsible party, or other party who has a legal or equitable interest in the property may appeal the final order of the Hearing Officer's order to abate a public nuisance pursuant to § 95A.113. The appeal must be in writing and must be filed with the City Clerk no later than ten days from the date of the service of the Hearing Officer's order. After ten days from the date of service of the Hearing Officer's order, the order is deemed final and may no longer be appealed.
(B) Any written appeals to the nuisance abatement order shall be legible and filed with the City Clerk and shall state the grounds for such appeal and the specific factual and/or legal errors committed by the Hearing Officer in issuing the order to abate a public nuisance. Any appeal shall contain:
(1) A specific identification of the subject property;
(2) The names and addresses of all appellants;
(3) A statement of appellant's legal interest in the subject property;
(4) A statement, in ordinary and concise language, of the specific order or action protested and the grounds for appeal, together with all supporting material facts;
(5) The date and signatures of all appellants; and
(6) The verification of at least one appellant as to the truth of the matters stated in the appeal.
(C) The City Clerk shall then transmit a copy of the written appeal to the Hearing Officer and the Enforcement Official.
(D) Upon receipt of the written appeal, the Hearing Officer shall transmit to the Indio Consolidated Appeals Board the records of all hearings and copies of all papers submitted, and orders given. The Hearing Officer shall also submit a written report, stating the factual and legal basis upon which his or her decision was reached pursuant to § 95A.113. Within 30 days of the receipt of the written appeal, the Indio Consolidated Appeals Board shall, after review of the entire record, the Hearing Officer’s report, and appellant’s written appeal, and without further hearings on the matter, issue a final order decision affirming, reversing, or modifying, in whole or in part, the order to abate any public nuisance deemed to exist. Such final order decision shall be served upon the owners or other appellants in accordance with § 95A.110. The decision of the Indio Consolidated Appeals Board shall be final.
(E) On the date a written appeal is filed under this section, all proceedings in furtherance of the order appealed shall be stayed until the final determination by the Indio Consolidated Appeals Board of the appeal, unless the Enforcement Official finds that conditions on the property constitute an immediate threat to the health, safety or welfare of persons or property and must be abated immediately.
(Ord. 1529, passed 3-5-08; Am. Ord. 1589, passed 3-16-11; Am. Ord. 1611, passed 4-18-12)