(A) Availability of administrative appeal. The provisions of this chapter, which permit administrative review of a notice of violation, only apply to:
(2) Violations of this chapter wherein the town seeks the recovery of costs through the imposition of a lien as provided in § 92.06(B) of this chapter; and
(3) No administrative appeal is available in a case involving a pending or adjudicated court proceeding.
(B) Administrative conference.
(1) Any notice of violation described in division (A) above may be appealed to the code official for an administrative conference for review. An appeal shall be made to the code official in the following manner.
(a) The applicant shall file a written appeal on the forms provided by the code official and accompanied by a non-refundable fee, as determined by resolution of the Council, within ten days after the date of service of the notice.
(b) The appeal will be heard by the code official within ten days at a regular, specified time.
(c) The code official may use a hearing committee consisting of such staff as the code official deems appropriate or other technical persons to advise the code official on a particular appeal.
(d) The applicant shall provide adequate information to fully describe the conditions in question.
(e) The applicant may, but is not required to, meet personally with the code official.
(2) If the code official denies an appeal made under this section, the applicant must comply with the decision of the code official or may appeal to the Council pursuant to division (D) below.
(3) Failure to file an appeal in accordance with the provisions of this section constitutes a waiver of the right to an administrative conference. Additionally, any person who appeals directly to the Council pursuant to division (D) below waives the right to an administrative conference.
(C) Modifications. The code official may grant a minor variance to the provisions specified in § 92.05(E) of this chapter when there exists an unusual or unreasonable hardship resulting from a literal interpretation of this chapter. The code official shall first find that a special individual hardship makes the strict application of this chapter impractical, and the variance is in conformity with the intent and purpose of this chapter, and that the variance does not lessen health, life safety and fire safety requirements or any degree of structural integrity. The details of actions granting variances shall be recorded and maintained by the code official.
(D) Appeals to the Council.
(1) An owner or responsible party who is not or was not a party to a pending or adjudicated court proceeding involving a request for court ordered abatement of the violation (hereinafter, the appellant) may appeal a notice of violation, to the Council, when it is claimed that:
(a) Substantive errors exist in the notice of violation; and
(b) The method or schedule for correcting the violation as set forth in the notice of violation is unreasonable or arbitrary.
(2) An owner or responsible party whose relationship with the property existed at the time of the recording of a lien, and who is not or was not a party to a court proceeding which has established or may establish the amount of a lien, may appeal the amount of the lien for abatement to the Council.
(3) In cases involving an order to vacate or suspend occupancy of a group dwelling public nuisance, the property owner or a lawful tenant of the property that is the subject of the order to vacate may appeal that order to the Council on the grounds that the order to vacate is unreasonable or arbitrary.
(4) The appellant shall prepare the appeal in a written application as follows:
(a) The appellant shall file a written appeal on the forms provided by the code official and accompanied by a non-refundable fee, as determined by separate ordinance;
(b) The appellant shall provide adequate information to fully describe the conditions in question;
(c) The application for appeal shall contain each appellant’s signature and mailing address to which the decision of the Council may be mailed;
(d) The appellant shall provide a brief statement describing the legal interest of each of the appellants in the property involved in the proceeding;
(e) The appellant shall verify by declaration under penalty of perjury the truth of the matters stated in the application;
(f) The appeal shall be filed within 30 days from the date of the service of the notice of violation; provided, however, that, if the building or structure is in such condition as to make it an imminent hazard and is posted and vacated in accordance with § 92.06(C) of this chapter, an appeal shall be filed within ten days from the date of the service of such notice.
(5) Except for vacation orders made pursuant to § 92.06(D) and (E) of this chapter, the timely filing of an appeal shall act as an automatic stay of enforcement of the notice of violation until the appeal is finally determined by the Council. The filing of an appeal does not stay enforcement of any notice or order, or any provision thereof, where the notice or order includes an order to vacate.
(6) As soon as practicable after receiving the written appeal, the Council shall fix a date, time and place for the hearing of the appeal. Such date shall not be less than ten days, nor more than 60 days, from the date the appeal was filed. Written notice of the time and place of the hearing shall be given at least ten days prior to the date of the hearing to each appellant by the Town Clerk, either by causing a copy of the notice to be delivered personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.
(7) Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of the right to an administrative hearing of the appeal and adjudication of the notice of violation, and such person shall be stopped to deny the validity of any order or action of the town which could have been timely appealed.
(8) The Council shall decide any appeal immediately after the hearing, or within a reasonable time thereafter, but in no event shall the Council keep an appeal under consideration for more than five days after the hearing. The Council shall render its decision in writing, and the decision of the Council shall be filed with the Town Clerk, with a copy to the appellant or applicant. The decision of the Council is final. No further appeal is available to town or county boards or officials. In all other cases, persons aggrieved by decisions of the Council may apply to Superior Court for relief in accordance with the state’s Rules of Procedure for Special Actions. In the absence of a court order, the filing of an appeal or special action will not stay enforcement.
(Ord. 20-05, passed 1-28-2020)