(A) The Stormwater Board shall be charged with addressing appeals to violations and related matters of this subchapter.
(B) In order to have an appeal considered, the applicant shall submit a written request. The Stormwater Board shall have the authority to grant appeals to violators of this subchapter or overwrite decisions made by the City Stormwater Engineer or stormwater enforcement officer, provided they are consistent with the objectives and policies of this subchapter. The Stormwater Board does not have the authority to permit actions by the applicant that are based in lack of proper planning or implementation of site development as defined in this subchapter and other measures applied to the city.
(C) The Stormwater Board will be made available to review accepted request(s) for appeals on an as-needed basis. The decisions of the Stormwater Board are final and conclusive, but may be reviewed through the appropriate court actions. The Stormwater Board shall make its findings within five normal business days after the appeal hearing.
(D) Upon issuance of a decision, citation or notice of violation of this subchapter, it shall be conclusive and final, unless the accused violator submits a written notice of appeal to the city within ten normal business days of the violation notice being served. If the City Stormwater Engineer or stormwater enforcement officer does not issue a decision within ten normal business days of the written notice of appeal then the violation is considered upheld. If the City Stormwater Engineer or stormwater enforcement officer does not reverse the decision, the aggrieved party may appeal to the Stormwater Board or successor, by filing a written request for hearing within ten normal business days of the City Stormwater Engineer's decision on the appeal. The request for hearing shall state the specific reasons why the decision of the City Stormwater Engineer is alleged to be in error and shall be accompanied by a cost bond in the amount of $500 with sufficient surety to secure the costs of the appeal, including the cost of court reporters, transcripts, plan reviews and other costs.
(Ord. G-06-10, passed 4-3-2006)