(a) The property owner may file a petition for review of the Notice of Lien requesting an administrative hearing be held before the Judge of the Paden City Municipal Court. The petition for review must be filed with the City Recorder within thirty (30) days from the date set forth in the Notice of Lien. If the thirtieth (30th) day falls on a Saturday, Sunday or legal holiday, the filing period shall be extended to the end of the following business day. The petition for review must be in writing and verified under oath by at least one of the property owners. The petition for review shall set forth with particularity the basis for any objections in the Notice of Lien including contested facts. The petition for review must include addresses of all property owners for purposes of service and hearing notices. The petition for review must include a copy of the Notice of Lien served on the property owner.
(b) Upon the timely filing of a petition for review, the Clerk of the Municipal Court shall note the date of filing upon the petition for review and assign a case number.
(c) The property owner shall serve a copy of the petition for review upon the Utility Clerk for the City.
(d) The Utility Clerk will have twenty (20) days from the date of receipt of the petition for review to file an answer with the Clerk of the Municipal Court setting forth the nature of the lien, all unpaid fees, and any other evidence relied upon by the Utility Clerk when issuing the Notice of Lien. The Utility Clerk shall serve a copy of the answer upon the property owner.
(e) Upon receipt of the answer, the Clerk of Municipal Court shall assign a time and place for an administrative hearing to be held before the Municipal Court Judge and send written notice of the hearing to the Utility Clerk and property owner at the address set forth in the petition for review.
(f) The administrative hearing before the Municipal Court Judge shall be heard de novo. The burden of proof shall be on the property owner to show cause why the Notice of Lien should not be recorded in the office of the Clerk of the County Commission. The Municipal Court Judge shall issue a written decision within thirty (30) days which sets forth findings of fact and conclusions of law. The Municipal Court Judge has authority to affirm, reverse, modify, or vacate the decision to record the proposed Notice of Lien. Unless a timely appeal is taken to the Circuit Court of County where the property is situated, the administrative decision of the Municipal Court Judge shall be final, conclusive and not subject to additional review.
(Passed 7-5-23.)