Every request for an appeal shall be made, in writing, to the Director. The Director may delegate the hearing of appeals to the Village Stormwater Oversight Committee of the Village Board in the manner provided for below.
(A) Any person aggrieved by any decision, ruling, or determination by the Director, or by any interpretation or application of any provision of this subchapter may appeal such matter. An appeal of any decision made by the Director shall be made within seven days of the decision contested, excepting an appeal involving the assessment charge or calculation of any fine or penalty in which cases an appeal shall be brought before said amount becomes 30 days past due.
(B) The appeal procedure shall commence when the person aggrieved notifies the Director, in writing, of the intent to appeal the decision of the Director. Such notice shall contain a short, clear, statement stating the following:
(1) Identifying the decision of the Director which such person is appealing and how the subchapter has been misread, misinterpreted, or misapplied in this instance and/or any mistakes of fact the aggrieved believes the Director to have relied upon; and
(2) The name and both a mailing address and a telephone number of the person making the request, which contact information shall be used for giving notices related to the appeal. The person making the request shall attach all written materials on which he or she intends to rely upon in support of the request.
(C) The Director may, without conducting a hearing, grant relief sought by the appeal, or may set the matter over for a hearing in the manner provided in this section.
(D) Upon receipt of such notice of appeal, if relief is not granted by the Director in accordance with this section, the Director shall set a date for a hearing. Such hearing shall take place no fewer than 14 days nor more than 30 days from the date that the Director receives such notice of appeal unless the Director and party requesting the hearing agree to a different schedule. The Director shall notify the person making the appeal of the date of such hearing.
(E) At the hearing the person making the appeal may appear in person or represented by counsel, or submit his case in writing. The decision concerning the appeal shall be in writing, shall be communicated to the person making the appeal, and shall state a finding upon which the decision is based.
(F) The Village Stormwater Oversight Committee shall have the authority to reverse, modify, or affirm any decision, ruling, or determination by the Director made pursuant to this subchapter upon appeal. The Stormwater Oversight Committee shall not act in a manner that would violate or in any way conflict with any federal or state standard or requirement. The Committee or County Board may adopt such additional rules and procedures, as it deems appropriate for performing such matters.
(G) The decision of the Oversight Committee may be appealed to the Village Board in accord with the Village Board Rules.
(Ord. 1537-10, passed 8-17-10)