(A) Any person receiving a notice of violation from a Compliance Officer may submit a written request for reconsideration to the Public Works Director by mailing said request to the Nitro Public Works Department, P.O. Box 308, Nitro, WV 25143, or by hand delivering said request to the Public Works Director, 194 Republic Way, Nitro, WV 25143. The request for reconsideration must be received within ten days from the date of the notice of violation and shall include a written explanation of the basis for the request. Upon receipt of a timely request for reconsideration, the Public Works Director shall review the request and shall:
(1) Uphold the notice of violation;
(2) Reverse the notice of violation; or
(3) Modify the notice of violation and shall provide written notice by certified mail of his or her decision to the person within 15 days of receipt thereof.
(B) When a notice of violation is upheld by the Public Works Director as outlined in division (A) above, the person may appeal the decision of the city’s Stormwater Utility Board by mailing a notice of appeal to Nitro Stormwater Utility Board, c/o Office of the Mayor, P.O. Box 308, Nitro, WV 25143, or by hand delivering said request to the city’s Stormwater Utility Board, Office of the Mayor, 2009 20th Street, Nitro, West Virginia, 25143. When appealing a decision by the Public Works Director, the notice of appeal to the Stormwater Utility Board must be received within ten days from the date of the receipt of the written notice of the Public Works Directors decision. Hearing on the appeal shall be before the city’s Stormwater Utility Board and said hearing shall take place within 30 business days from the date of receipt of the notice of appeal. At the conclusion of the hearing, the Stormwater Utility Board shall either grant or deny the appeal in writing within ten days, and provide written notice by certified mail of its decision to the person who appealed. The decision of the Stormwater Utility Board shall be final. Failure to file a notice of appeal within the period set forth herein shall constitute a waiver of the right to appeal to the Stormwater Utility Board, shall result in the decision of the Public Works Director being final, and the notice of violation shall be fully enforceable as set forth in this subchapter.
(Ord. passed 10-4-2016)