(A) Any person receiving a notice of violation who chooses not to request reconsideration by the Public Works Director may appeal the notice of violation directly to the Stormwater Utility Board by mailing a notice of appeal to the 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 notice of violation where no reconsideration by the Public Works Director has been requested, the notice of appeal to the Stormwater Utility Board must be received within ten days from the date of the notice of violation.
(B) Hearing on the appeal shall be before the 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 city’s 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 city’s Stormwater Utility Board and the notice of violation shall be fully enforceable as set forth in this subchapter.
(Ord. passed 10-4-2016)