5.25.035   Appeal to board of equalization; Notice of appeal; Hearing.
   A.   Any person who receives notice or whose name appears on the assessment roll may appeal to the board with respect to any alleged error in the valuation, overcharge, omission or neglect of the assessor not adjusted to the taxpayer's satisfaction. Whenever it appears to the board that there are overcharges or errors or invalidities in the assessment roll, or in any of the proceedings leading up to or subsequent to the preparation of the roll, and there is no appeal before the board by which the same may be dealt with, or where the name of any person is ordered by the board to be entered on the assessment roll, by way of addition or substitution, for the purpose of assessment, the board shall cause notice of assessment to be mailed to that person or his agent giving him at least 30 days from the date of such mailing within which to appeal to the board against the assessment.
   B.   Notice of appeal, in writing, specifying the grounds for the appeal, shall be filed with the board within 30 days after the date on which the assessor's notice of assessment was given to the person appealing. Such notice must contain a certification that a true copy thereof was mailed or delivered to the assessor. If notice of appeal is not given within that period, the right of appeal shall cease as to any matter within the jurisdiction of the council, unless it is shown to the satisfaction of the council that the taxpayer was unable to appeal within the time so limited. A copy of the notice of appeal must be sent to the assessor as above indicated.
   C.   Upon receipt of the notice of appeal, the assessor shall make a record of the same in such form as the board may direct, which record shall contain all the information shown on the assessment roll in respect of the subject matter of the appeal, and the assessor shall place the same before the council from time to time as may be required by the council. The council shall cause a notice of the sitting at which the appeal is to be heard to be mailed by the assessor to the person by whom the notice of appeal was given, and to every other person in respect of whom the appeal is taken, to their respective addresses as last known to the assessor.
   D.   At the time appointed for the hearing of the appeal or as soon thereafter as the appeal may be heard, the council shall hear the appellant, the assessor, other parties to the appeal and their witnesses, and consider the testimony and evidence adduced, and shall determine the matters in question on the merits and render its decision accordingly. If any party to whom notice was mailed, as above set forth, fails to appear, the council may proceed with the hearing in his absence. The burden of proof in all cases shall be upon the party appealing. The council shall from time to time enter in the appeal record its decision upon appeals brought before it, and shall certify to the same. (Ord. 77-01 (part), 1977)