122.05 ORDER, NOTICE AND APPEAL.
(a) No person shall fail to comply with an order of the Chief of Police or the Chief of Fire under this Chapter.
(b) The Chief of Police or Fire shall serve written notice of any order, including a warning letter or notice of the assessment of fees, and a statement of the right to an appeal by certified mail or hand delivery.
(c) Any person who has been served notice of an order of the Chief of Police or Fire may appeal the order to the Chief issuing the order, upon the payment of a fifty dollar ($50.00) filing fee. A notice of appeal, signed by each applicant, shall be filed with the Chief of Police or Fire, as applicable. It shall set forth the reasons for appeal. It must be filed, along with the payment of the filing fee, within ten (10) days after receipt of the notice from the Chief of Police or Fire. Filing of a notice of appeal shall stay the order of the Chief of Police or Fire until a review of the appeal has been completed, unless the public health, safety or welfare requires immediate abatement of a public nuisance. If a request for an appeal is not filed within the ten (10) day period, the action of the Chief of Police or Fire is final.
(d) If the Chief of Police or Fire finds that the facts presented do not support the issuance of a warning letter or imposition of a fee, the Chief shall rescind the order. Otherwise the Chief shall deny the appeal and advise the appellant in writing of the denial and of the appellant’s right to file an appeal to the Board of Appeals. The user or provider may appeal the denial of the appeal by submitting a written appeal letter to the Board of Appeals within thirty (30) days of the date of the Chief’s denial. An appeal shall not stay the order of the Chief. At the hearing before the Board of Appeals, the appellant may be heard and offer evidence on his or her behalf.
(e) The Board of Appeals shall issue a final order accepting, modifying or rejecting the decision of the Chief of Police or Fire.
(f) If the Board of Appeals grants the relief requested by the appellant in whole or in part, the Chief shall reimburse to the appellant the filing fee.
(Ord. 05-138. Enacted 12-19-05.)