(A) Reconsideration and hearing.
(1) Any person subject to a compliance order under § 54.08(F), a remediation, abatement, or restoration order under § 54.08(G), an emergency cease and desist order under § 54.08(H), or a red tag order under § 54.08(I) of this chapter may petition the DPW to reconsider the basis for his/her order within 30 days of the affected person’s notice of issuance of such an order.
(2) Failure to submit a timely written petition for reconsideration shall be deemed to be a waiver of any further right to administrative reconsideration or review of the order.
(3) In its petition, the petitioning party must indicate the provisions of the order objected to, the reasons for the objection(s), any facts that are contested, the evidence that supports the petitioner’s view of the facts, any alternative terms of an order that the petitioner would accept, and whether the petitioning part requests a hearing on its petition.
(4) The effect of any compliance order under § 54.08(F), remediation, abatement, or restoration order under § 54.08(G), and any red tag order under § 54.08(I) shall be stayed pending the DPW’s reconsideration of the petition, any hearing thereon, unless the DPW expressly makes a written determination to the contrary. The effectiveness of any emergency cease and desist order under § 54.08(H) shall not be stayed pending the DPW’s reconsideration, or any hearing thereon, unless the DPW expressly and in writing stays his/her emergency order.
(5) Within 10 days of the submittal of a petition for reconsideration, the DPW shall either:
(a) Grant the petition and withdraw or modify the order accordingly;
(b) Deny the petition, without hearing if no material issue of fact is raised; or
(c) If a hearing has been requested and a material issue of fact has been raised, set a hearing on the petition.
(6) Written notice of any hearing set by the DPW pursuant to division (A)(5) above, shall be served on the petitioning party personal or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the petitioning party.
(7) (a) The DPW may himself/herself conduct the hearing and take evidence, or he/she may designate any employee of the city or any specially-designated attorney or engineer to:
1. Issue in the name of the city notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing;
2. Take evidence;
3. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the DPW for action thereon.
(b) At any hearing held pursuant to this division (A)(7), testimony taken shall be under oath and recorded. Any party is entitled to present his/her case or defense by oral or documentary evidence and to conduct such cross-examination as may be required for a full and true disclosure of the facts. A transcript will be made available to any party to the hearing upon payment of the usual charges thereof.
(8) After the DPW has reviewed the evidence, he/she shall either: (1) grant the petition; (2) deny the petition; or (3) grant the petition in part and deny it in part. The DPW may modify his/her order as is appropriate based upon the evidence and arguments presented at the hearing and his/her action on the petition. Further orders and directives as are necessary and appropriate may be issued.
(B) Appeal.
(1) Any person whose petition for reconsideration by the DPW has not been granted in its entirety and who remains adversely affected by the DPW’s order, or who is subject to an order of the DWP issued following a show cause hearing under § 54.08(E), may appeal the action of the DWP to the City Council by filing a written appeal with the City Council within 10 days of the person’s notice of the DPW adverse action on the petition for reconsideration, or within 10 days of the person’s notice of the issuance of the order following the show cause hearing, as the case may be.
(2) Failure to submit a timely written appeal to the City Council shall be deemed to be a waiver of further administrative review.
(3) In its written appeal to the City Council, the appealing party shall indicate the particular provisions of the order objected to, the particular determinations of the DWP that are contested, the reasons that the DPW’s order and/or determinations that are contested, and any alternative order that the appealing party would accept.
(4) The effect of the DPW’s order, as issued or modified, shall not be stayed pending the appeal to the City Council, unless the City Council expressly so states.
(5) Within 30 days of the submittal of a written appeal to the City Council, the City Council shall hear and consider the appeal in open meeting. The appellant shall be notified at least 3 days in advance of the date and time of the City Council meeting at which the appeal will be heard and considered.
(6) The appellant shall have the right to public appearance before the City Council to present oral and written statements in support of his/her appeal. If the City Council wishes to consider testimony of witnesses or other evidence beyond that in the record of any hearing before the DPW the City Council may remand the matter to the DPW for the taking of additional testimony or other evidence.
(7) Upon consideration of any written and oral statements made to the City Council, as well as the record made before the DPW, the City Council shall act on the appeal by affirming, vacating, or modifying the order of the DPW, and/or by remanding the matter to the DPW for further action.
(8) Following final action by the City Council on the appeal, any adversely affected party may challenge such action by the City Council in an appropriate court of competent jurisdiction.
(Ord. 785, passed 6-2-2020)