(a) Request for Reconsideration. The owner shall have the right to request reconsideration by the Code Enforcement Agency Official of:
(1) The imposition of the registration fees imposed by this article and/or
(2) The designation of a structure as a vacant structure by filing an application in writing to the Code Enforcement Agency Official no later than fifteen (15) calendar days after the date of notification to owner that a property has been placed on the vacant property registry pursuant to Section 1760.06. On the request for reconsideration, the owner shall bear the burden of providing satisfactory proof of occupancy, that the structure in question is not a vacant structure, or that the structure is exempt from registration.
(b) Code Enforcement Agency Official's Determination. Within thirty (30) days, or as soon thereafter as is practicable, after the Code Enforcement Agency Official receives an application pursuant to Section 1760.12 (a), the Code Enforcement Agency Official will contact the owner and afford the owner the opportunity to appear in person for reconsideration or waiver of fee. Within thirty (30) days, or as soon thereafter as is practicable, after consideration of all information provided by the owner, the Code Enforcement Agency Official shall grant or deny the request in writing and provide the owner with a copy of the decision.
(c) Appeal of the Code Enforcement Agency Official's Decision/review
Committee. If the owner filed a request pursuant to Section 1760.12 (a) and received an unfavorable decision from the Code Enforcement Agency Official, the owner may appeal the Code Enforcement Agency Official's decision to a review by the Building and Property Committee (herein referred to as the "review committee") consisting of the Mayor, a City Councilperson, the Fire Chief, the Police Chief, the Public Works Director and a Citizen of the City. The City Council person and Citizen shall be appointed by the Mayor and confirmed by City Council.
An owner appealing the decision of the Code Enforcement Agency Official shall file a written appeal with the City clerk, indicating the portion of the Code Enforcement Agency Official's decision he or she deems inaccurate or incorrect, within fifteen (15) days after notice of the Code Enforcement Agency Official's decision. As soon as is practicable after receiving the appeal, the review committee shall convene an informal hearing to hear the dispute and consider the owner's and Code Enforcement Agency Official's respective positions and arguments. Notice of the informal hearing shall be provided to the owner, and the owner shall be afforded the opportunity to appear in person and be heard on the appeal. As soon as practicable after conclusion of the informal hearing, the review committee shall issue its findings and conclusions in writing either concurring with or rejecting the findings and conclusions of the Code Enforcement Agency Official.
(d) Any owner may appeal a decision of the review committee made pursuant to Section 1760.12 (c) above, within thirty (30) days of the issuance of such decision to the Circuit Court of Kanawha County.
(Ord. 2020-13. Passed 12-7-20.)