Within 15 days after notice is received, the owner or, if applicable, the agent, custodian, lessee, or occupant of the property may appeal to the City Commission that a notice of violation is not warranted for the property or that the property did not pose an imminent public-health threat that required immediate cleanup.
(A) Content of appeal.
(1) The owner or, if applicable, the agent, custodian, lessee, or occupant of the property must appeal the notice of violation by written notice to the City Clerk. The written notice must be accompanied by a reasonable filing fee, as determined by the City Clerk, and shall be either hand delivered to the City Manager, or mailed to the City Clerk and postmarked, within the 15-day period after notice is received.
(2) Upon timely receipt, the City Manager will schedule the appeal for a public hearing before the City Commission. At the public hearing, the appellant shall be afforded due process and may present such evidence as is probative of the appellant's case. The City Manager or other city staff shall present such evidence as is probative of the alleged violation. Members of the public shall be afforded the opportunity to present germane testimony and evidence. Thereafter, the hearing shall be closed and the City Commission shall rule on the appeal.
(B) Unsuccessful appeal. If the appeal is unsuccessful, the property must be "cleaned up" and the violation remedied and removed within 15 days from the date of the City Commission's decision.
(Ord. 1716, passed 5-2-12)