(a) Disputes in regard to billings of the Finance Director resulting from violations of this chapter shall be resolved as follows:
(1) Notification by the Finance Director of penalties as required by Section 511.99(b) shall contain notification that the person, firm or company assessed has the right to a hearing with the City Manager in order to dispute the civil penalty so long as such hearing is requested, in writing with the Finance Director, within twenty business days of the date of billing. The name, title, address, telephone number of the Finance Director and hours during which a hearing may be requested shall be contained in such notice.
(2) Upon written request of a hearing as contained in paragraph (a)(1) hereof, no further collection efforts shall be had until after the City Manager’s decision, post hearing, and finding is either personally served on the person who requested the hearing before the Manager or fifteen business days after mailing of the decision, by regular U.S. mail, to the last known address of the person who filed the request for hearing. Notice shall be given of the right of appeal from a decision of the City Manager in accordance with the appeal procedure as established herein.
(3) An appeal from a decision of the City Manager, after hearing, may be taken to the Safety and Human Resources Committee of Council, so long as notice of appeal is filed, in writing, with the City Finance Director within twenty business days after mailing of the decision or order of the City Manager by regular U.S. mail or fifteen business days after rendering the decision or order by personal service, to the person who filed the appeal.
(4) Appeals will stay the finding or order of the City Manager.
(5) A filing fee, of thirty-five dollars ($35.00) will be charged for all appeals to the Safety and Human Resource Committee to cover administrational cost; however, this fee may be waived by the City Finance Director in cases of indigence; further, such filing fee will be returned if the appealing party prevails.
(6) Appeals to the above Committee will be held within a reasonable time and will be informal in nature. Such order of the Committee will be considered a final order.
(7) Failure to file timely request for any hearing or appeal as it relates to this chapter constitutes a waiver thereof. Business day for the purpose of this chapter is Monday through Friday, excluding City recognized holidays.
(b) Scope of Appeals. The scope of all appeals to the Safety and Human Resource Committee of Council as it relates to this chapter shall be limited to the question of whether the City Manager acted unreasonable, arbitrary or capricious in his/her decision.
(Ord. 61-98. Passed 8-3-98.)