(A) Application for appeal. Any person directly affected by a decision of the Code Enforcement Officer or a notice or order issued under this code shall have the right to appeal to the City Council, provided that a written application for appeal is filed within ten (10) days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this chapter or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this chapter do not fully apply, or that the requirements of this chapter are adequately satisfied by other means, or that the strict application of any requirement of this chapter would cause an undue hardship.
(B) Failure to appeal. The notice of violation shall represent a determination that the violation has been committed, and that determination shall be final unless an appeal is taken.
(C) Open hearing. All hearings before the City Council shall be open to the public. The appellant, the appellant’s representative, the Code Enforcement Officer and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than two-thirds of the City Council.
(D) Procedure. The City Council shall adopt and make available to the public through the City Clerk procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
(E) Postponed hearing. When the full City Council is not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing.
(F) Decision. The City Council shall modify or reverse the decision of the Code Enforcement Officer only by a concurring vote of a majority of its members.
(1) Records and copies. The decision of the City Council shall be recorded. Copies shall be furnished to the appellant and to the Code Enforcement Officer.
(2) Administration. The Code Enforcement Officer shall take immediate action in accordance with the decision of the City Council.
(G) Stays of enforcement. Appeals of notice and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the City Council.
(H) Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the Bullitt Circuit Court to appeal any errors of law. Application for review shall be made within thirty (30) days following the filing of the decision.
(Ord. 07-14, passed 6-11-07)