A. The owner or occupant of the premises where the violation occurred may appeal a notice of violation issued under Section 13.04.890(A) by filing a written notice of appeal with the director not later than thirty (30) days after the notice of violation is issued. The notice of appeal shall specify the grounds for appeal, and shall provide the appellant's telephone number and address for receipt of the city's written notices relating to the appeal.
B. Upon receipt of a timely notice of appeal, department staff will review the notice of violation and the appellant's grounds for appeal. Department staff may request additional information from, or provide additional information to, the appellant. At the conclusion of this administrative review process, department staff will notify the appellant if the notice of violation will be dismissed or department staff finds a sufficient basis for the notice of violation. If department staff finds a sufficient basis for the notice of violation, department staff also will notify the appellant that appellant may request a hearing on the appeal and how to make the request.
C. If the appellant requests a hearing on the appeal not later than five days after receiving the department staff notification described in subsection B of this section, the director shall set the matter for an informal hearing at the earliest practical date. Not less than seven days prior to the hearing date, the director shall provide written notice of the hearing to the appellant. At the hearing, the director shall hear any relevant evidence presented by the appellant or department staff, and may uphold, modify, or rescind the notice of violation, including the penalty imposed by the notice of violation, if any. The appellant shall be provided written notice of the determination of the director that sets forth findings in support of the determination. The determination of the director is the city's final administrative determination of the matter.
D. The failure of the owner or occupant of the premises where the violation occurred to file a timely notice of appeal or to request and attend a hearing in accordance with the provisions of this section constitutes an irrevocable waiver of the right to appeal and a failure to exhaust administrative remedies with regard to the notice of violation.
E. If department staff dismisses the notice of violation or the director determines that a penalty shall not be imposed, the penalty shall be removed from the water service bill for the premises where the violation occurred.
F. The director may designate one or more employees of the department to hear and determine appeals of any notice of violation, provided that the designated employee(s) shall not be employed within the section issuing the notice of violation or performing the administrative review described in subsection B of this section. (Ord. 2015-0033 § 1; Ord. 2015-0011 § 10; Ord. 2009-050 § 1; Ord. 2009-026 § 1)