(A) A person cited under this chapter is entitled to seek review of the violation order(s), penalty(ies) or both by filing a written petition for review to the Shelby County Solid Waste Management District, 1110 Amos Road, Suite C, Shelbyville, Indiana, 46176, postmarked within 15 working days of receipt of the violation order(s) and penalty(ies). "Working days" means Monday through Friday, but does not include Saturday, Sunday or legal holidays. If a petition for review is not timely filed, the violation order(s) and penalty(ies) shall be deemed final orders of the Shelby County Solid Waste Management District.
(B) Upon receipt of the petition for review, the Compliance Board will affirm, amend, or dismiss the violation order(s) and penalty(ies). The Compliance Board shall issue written findings based upon the evidence submitted by the Compliance Officer and information submitted by the person seeking review. Within 30 days after receiving the petition for review, the Compliance Board shall mail by first-class United States mail, a copy of its findings to the petitioner. A petition for review will be certified to the District Board.
(C) If the petitioner disagrees with the findings issued by the Compliance Board, the petitioner may appeal the findings to the District Board. All appeals must be filed with the District Board not later than 15 days after the date of the findings. Upon receipt of the appeal, the District Board shall notify the petitioner of a hearing date. At a hearing before the Board, the Board may hear testimony and consider written evidence. The appellant does not have to be represented by counsel at the hearing, and the Board shall not be bound by rules of evidence. The appellant must present sufficient evidence to rebut the presumption that a violation of the ordinance occurred. Within 30 days following the hearing, the District Board shall issue written findings of fact and shall notify the appellant thereof. Failure of the appellant to appear at the hearing shall not prevent the Board from issuing findings. The written findings of the Board shall be deemed final orders and may be appealed to the Circuit or Superior Court. All appeals must be filed within 15 days from the final order or be forever barred.
(Ord. 06-2007, passed 5-9-07)