A. The affected landowner or household member may file any appeal with the city clerk, within seven days of receipt of any notice of special assessment and a hearing shall be scheduled before the hearing officer designated by the city manager to hear said appeal. The hearing officer shall conduct a hearing within ten days of receipt of notice of appeal. The burden of proof shall be upon the city to substantiate the violation of watering restrictions, and in the event of finding such violation, the city may impose its special assessment, or the city may suspend the special assessment for a first-time violation upon adequate assurances of full future compliance with this chapter.
B. The decision of the hearing officer shall be subject to further appeal to the city commission, within seven days, but the decision of the city commission shall be final. Any special assessment that is not timely appealed, or that is sustained upon final appeal, shall be included in the ensuing water-billing cycle.
C. Nothing in this chapter shall be construed to otherwise restrict the city from seeking judicial injunctive relief to secure compliance with the restrictions set forth in this chapter. (Ord. 434 (part), 2001)