1. PURPOSE. In order to hear and decide appeals of orders, decisions or determinations made by the Designated Official relative to; the application and interpretation of the City of Sergeant Bluff Rental Code, Chapter 158, and to provide reasonable variances for existing structures which cannot practicably meet the standards in the Rental Code, but are not unsafe for habitation, there is created an appeals process.
2. ADOPT RULES AND REGULATIONS. The council shall adopt reasonable rules and regulations for the conduct of its meetings and investigations and shall render all decisions and findings, which shall be made part of the public record.
3. APPEALS PROCESS.
A. Any person aggrieved by a written notice of the City issued in connection with any alleged violation of the Rental Code or of any order requiring repair or demolition, may apply in writing to the City Council for a reconsideration of such notice or order provided that such application is made within thirty (30) calendar days after the date of postmark of notice or proof of service.
B. Upon receipt of any appeal filed pursuant to this section, the City Council shall present it at the next regular or special meeting of the Council.
C. As soon as practicable after receiving a written appeal, the Council shall hold a public meeting to consider the appeal. The applicant shall be advised in writing of the time and place of such meeting at least four (4) days prior to the date of the meeting. At such meeting, the applicant shall be given an opportunity to be heard and to show cause to why notice or order should be modified, extended, or withdrawn. The Council may, in its discretion, hold a public hearing on any matter brought before the Council.
D. The Council, by a majority vote, may sustain, modify, or withdraw the notice of order, the Council shall observe the following conditions:
(1) That there are practical difficulties or unnecessary hardship in carrying out the strict letter of any notice or order.
(2) That such an extension is in harmony with the general purpose and intent of this Rental Code in securing the public health, safety and general welfare.
E. Failure of any person to file an appeal in accordance with the provisions of this chapter shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or to any portion thereof.
F. Enforcement of any notice or order issued under this code shall be stayed during the duration of an appeal of the order, which is properly and timely filed.
4. APPEALS FROM THE CITY COUNCIL. Any person or persons, or any board, taxpayer, department, board or bureau of the City, or other areas subject to the Rental Code aggrieved by any decision of the City Council may seek review by a court of record of such decision, in the manner provided by laws of the State and particularly by chapter 414, Code of Iowa.
(Ch. 158 - Ord. 706 – Mar. 21 Supp.)