8-6-10: APPEALS:
   (A)   Right To Appeal:
      1.   Every request for an appeal shall be made, in writing, to the director. The director may delegate the hearing of appeals to the stormwater committee of the village of Lisle in the manner provided for below.
      2.   Any person aggrieved by any decision, ruling, or determination by the director, or by any interpretation or application of any provision of this chapter may appeal such matter. An appeal of any decision made by the director shall be made within seven (7) days of the decision contested, excepting an appeal involving the assessment charge or calculation of any fine or penalty in which cases such an appeal shall be brought before said amount becomes thirty (30) days past due.
         (a)   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 this chapter has been misread, misinterpreted, or misapplied in this instance and/or any mistakes of fact the aggrieved believes the director to have relied upon.
            (2)   The name and a mailing address, e-mail 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.
         (b)   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 subsection (A)2(c) of this section.
         (c)   Upon receipt of such notice of appeal, if relief is not granted by the director in accordance with subsection (A)2(b) of this section, the director shall set a date for a hearing. Such hearing shall take place no fewer than fourteen (14) days nor more than thirty (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.
         (d)   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.
      3.   The stormwater committee shall have the authority to reverse, modify, or affirm any decision, ruling, or determination by the director made pursuant to this chapter upon appeal. The stormwater committee shall not act in a manner that would violate or in any way conflict with any federal or state standard or requirement. The stormwater committee or village board may adopt such additional rules and procedures as it deems appropriate for performing such matters.
      4.   The decision of the stormwater committee shall be final.
   (B)   Enforcement Measures After Appeal: If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within seven (7) days of the decision of the director or stormwater committee upholding the decision of the department, then representatives of the department are authorized to take any and all measures necessary to abate the violation and/or restore the property. In no case shall an appeal stay or bar the village of Lisle from commencing a legal action seeking emergency relief. (Ord. 2009-4280, 10-19-2009)