A. There is created a Board of Appeals, which shall consist of the Director, Wastewater Division Manager, and the City Manager or designee who shall serve as Chairman. It shall be the duty of the Board of Appeals to hold a meeting, upon request of the Director or a user of the system, to review this chapter and make recommendations for upgrading, and to hear any appeal of the Director's interpretation of this chapter and make determinations concerning those interpretations. The Board of Appeals shall have no authority over rates or discontinuance of water service, which are addressed in § 8.05.160.
1. The Board of Appeals shall meet at the call of the chairman, or at the request of any 2 members of the Board of Appeals. This Board of Appeals shall make such recommendations as are necessary for the improvement of its operation and conduct of business.
2. All appeals or complaints must be considered by the Board of Appeals within 45 days of receipt by the Director.
B. Process for appeals.
1. A party aggrieved by the issuance, modification, suspension or revocation of a permit may file notice of appeal with the Director within 10 days after the date of notice of action of the department, except as otherwise provided by law.
2. Within 45 days after receipt of the notice, the Board of Appeals shall hold a hearing.
3. Notice of the hearing shall be given to all affected parties not less than 5 days prior to the date set for the hearing.
4. The attendance of witnesses and the production of documents may be subpoenaed by the Board of Appeals at the request of any party. Witnesses shall receive the fees and mileage allowed witnesses in civil cases. Costs of subpoenas shall be the responsibility of the requesting party.
5. All testimony shall be given under oath and recorded verbatim by human or electronic means.
6. Costs of transcribing proceedings of the Board of Appeals shall be the responsibility of the requesting party.
(Ord. 13-1090, § 11, passed 3-12-2013; Ord. 932, passed 8-26-2008)