(A) Upon the final determination for cost of abatement, the Hearing Officer shall within ten days, in accordance with § 95A.110, serve the order for cost of abatement upon the owner, occupant, or other party who has a legal or equitable interest in the property. An appeal of the order for cost must be in writing and filed within ten calendar days from the date of service of the Hearing Officer's order. Unless the written appeal is filed within ten days from the date of service of the Hearing Officer's order, the order determining the costs of abatement is final. This appeal is limited to evaluating the fairness and accuracy of determining the costs of abatement pursuant to §§ 95A.113 and 95A.119.
(B) All written appeals as to a cost 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 either the order of costs of abatement. 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, under penalty of perjury, 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 or designee 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.
(Ord. 1529, passed 3-5-08; Am. Ord. 1589, passed 3-16-11; Am. Ord. 1611, passed 4-18-12)