An alleged violator may appeal a department's decision in writing via certified mail to the Shelby city council within ten (10) days of the department's final decision regarding:
A. A determination that a community decay violation exists,
B. Rejection of a corrective action plan, or
C. The assessment of a fine for noncompliance.
The city council shall hold a hearing within forty five (45) days from the date that the appeal was received. The city council shall, in writing, affirm, modify or withdraw the department's decision within thirty (30) days after the hearing. Once an appeal for a hearing has been made, the department's decision shall be stayed until the city council has held the hearing and affirmed, modified or withdrawn the determination of the department. The city council will issue an order of the city council's findings signed by the mayor. The order shall include what, if any, corrective actions are required, the time period for the corrective actions, and that the department or city of Shelby is authorized to remedy the violation and assess costs to the responsible party.
If a violator fails to resolve a violation upon order from the city council, the department shall be authorized to remedy the violation, and assess costs to the property owner, manager, or lessee, or other responsible party. In the event that a violator does not appeal the department's decision and fails to resolve the violation, the department will bring the matter before the city council for authorization to complete the corrective action, and assess costs to the property owner, manager, or lessee, or other responsible party. If the assessment is not paid, it shall become a lien upon the property and may be enforced, as is nonpayment of property taxes. (Ord. 808, 9-4-2012)