Any permittee, owner, or other person served with notice or an order under the provisions of this chapter may appeal the notice or order in the following manner:
(1) An appeal must be filed in writing with the Code Enforcement Officer within thirty (30) days after service of the written notice or order of the Code Enforcement Officer. The written appeal shall identify the application of the article at issue and provide the reasons the petitioner contends that it was wrongly applied and any supporting documentation. An appeal challenging a notice that a dwelling is qualified as an RRD pursuant to this chapter may only include an appeal of the basis for the citations resulting in the determination that the dwelling is qualified as an RRD if such violations have been successfully challenged or are in the process of being challenged.
(2) Unless the Code Enforcement Officer decides to allow the requested relief based on the appeal request, the Code Enforcement Officer shall forward each appeal request to the BOA for a decision on the issue. The BOA shall consider both the applicable code provisions and equitable factors in resolving the appeal. If the person who files an appeal of a notice that a dwelling is qualified as an RRD shows that the owner did not cause and, with the use of reasonable measures, could not have prevented the actions or activities leading to the citations which qualified the dwelling as an RRD and that the owner is using reasonable diligence to correct such violations in a timely fashion, the BOA may reverse the order or reduce the sanctions imposed.
(3) An appeal may be taken from any decision of the BOA by either the owner or the Town by giving notice of appeal to the Town Council within thirty (30) days after the final decision of the BOA. Notice of appeal shall be given by delivery of a written statement to the Town Manager stating the grounds for the appeal and providing the Town Manager with particular reference to the meeting at which the issue was heard by the BOA. The written appeal shall identify the application, violation, or order at issue and provide the reasons the petitioner contends that it was wrongly applied. The Code Enforcement Officer shall transmit to the Town Manager all documents constituting the record upon which the decision by the BOA was made.
(4) The Town Council shall fix a reasonable time for the presentation of oral arguments by the parties and shall give due notice to the petitioner and the Town Manager. The Town Council shall issue a written determination, within a reasonable time, stating whether the disputed application of the article will be approved without change or modified or reversed.
(5) All decisions of the Code Enforcement Officer, BOA, and Town Council shall be served on the petitioner.
(6) The enforcement of an order issued by the Code Enforcement Officer which includes the revocation of a rental occupancy permit shall be stayed upon the filing of an appeal and until a final order is issued by the Inspections Director, BOA, or Town Council.
(Ord. No. 08-04-07-001, § 7, 4-7-08; Ord. No. 14-02-19-002, § 3, 2-19-14; Ord. No. 17-02-06-002, § 1, 2-6-17; Ord. No. 24-11-20-001, 11-20-24)