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Any person served with an order to repair may, at any time prior to the date specified in the order for the work to be commenced, file a written appeal to the Board of Public Works, upon such form as the Board shall prescribe, for a review of any of the requirements of said order. The filing of such an appeal shall stay all requirements of the order until a determination of the matter is rendered by the Board. The Board shall promptly set a date for the hearing of the appeal and shall at least 10 days prior thereto, serve and post notice of the date thereof in the manner, prescribed by Sections 65.05, 65.06 and 65.07. The Board shall make such investigations as it deems necessary and shall upon the date set for hearing of the appeal from the order to repair, hear and consider evidence offered by any interested person. Thereafter, but in no event later than 45 days from receipt of the appeal, the Board shall make written findings of fact as to whether or not the private street is a hazardous private street within the terms of this division, and may affirm, change or modify any of the requirements of the repair order.
The order of the Board affirming, changing or modifying the requirements of the order of the Director shall be served and posted in the manner specified by Sections 65.05, 65.06 and 65.07. If the order of the Board requires the performance of any work, it shall specify the time within which the work required to be done must be commenced, which shall be not later than 60 days following the issuance of said order, and shall further specify a reasonable time within which the work shall be completed. The Director may extend the time for completion for good cause upon written request for such an extension.
(Amended by Ord. No. 175,596, Eff. 12/7/03.)
Whenever an order to repair any private street has not been complied with within the time set by the Board or Director, or within any additional time the Director extends for good cause, the Board may cause the private street to be repaired by the means the Board deems advisable.
Whenever the Board has undertaken action to make those repairs required by its order or the order of the Director, upon the failure of the owner or other interested party to comply with such order, the owner, person served with the order to repair, or other persons having charge or control over the parcels upon which the hazardous private street is located shall be deemed to have forfeited all further rights and privileges to do such work and are thereafter prohibited from doing any such work on said hazardous private street, except as the Board may otherwise allow.
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