§ 155.15  APPEALS.
   (A)   Right of appeal. Any person has the right to appeal the basis for any charges, permits, orders, or other action developed in accordance with this chapter. Appeals shall be directed to the City Clerk along with any supporting documentation for amendment of the charges in question. The sitting Zoning Board of Appeals is hereby designated to hear appeals regarding any requirements of this chapter.  Any additional information that may be required to resolve the appeal, as directed by the City Manager or their designee, shall be obtained by the user at his expense.
   (B)   Formal hearing.
      (1)   Appeals from orders of the City Manager or their designee may be made within 30 days from the date of any citation, order, charge, fee, surcharge, penalty or other action. The appeal may be taken by any person aggrieved. The appellant shall file a written notice of appeal with the City Clerk and with the Zoning Board of Appeals, specifying the grounds therefor. Prior to a hearing, the City Manager or their designee shall transmit to the Zoning Board of Appeals, a summary report of all previous action taken. The board of appeals may, at its discretion, call upon the City Manager or their designee to explain the action. The final disposition of the appeal shall be in the form of a resolution, either reversing, modifying, or affirming, in whole or in part, the appealed decision or determination.
      (2)   The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal, give notice thereof to property owners within 300 feet of the affected parcel, and decide the appeal within 45 days. Within the limits of its jurisdiction, the Zoning Board of Appeals may reverse or affirm, in whole or in part, or may make such order, requirements, decisions, or determination as, in its opinion, ought to be made in the case under consideration, and to that end shall have all the powers of the official from whom the appeal is taken using the following standards:
         (a)   There is a hardship or unnecessary burden in compliance with the chapter;
         (b)   The applicant proposes alternate methods to protect the groundwater from potential contamination by methods proven or engineered by a professional acceptable to the Board.
      (3)   The decision of the groundwater protection board of appeals shall be final.
   (C)   Charges outstanding during appeal process. All charges for service, penalties, fees, or surcharges outstanding during any appeal process shall be due and payable to the city. Upon resolution of any appeal, the city shall adjust such amounts accordingly.
   (D)   Administrative action. If an informal or formal hearing is not demanded within the periods specified in this section, the administrative action shall be deemed final. In the event either or both hearings are demanded, the action shall be suspended until a final determination has been made, except for immediate cease and desist orders or any emergency or judicial action.
   (E)   Appeals from determinations of groundwater protection board of appeals. Appeals from the determinations of the groundwater protection board of appeals may be made to the circuit court for the county as provided by law. The appeals shall be governed procedurally by the Administrative Procedures Act of 1969 (M.C.L.A.  24.201 et seq.). All findings of fact, if supported by the evidence, made by the board shall be conclusive upon the court.
(Ord. 190909-1, passed 9-9-2019)