City Council is hereby designated as the Appeals Board. Every appeal shall be made to the Appeals Board in writing. The procedure of appeals shall be as follows:
(a) A written appeal shall be filed with the City of St. Clairsville by the party aggrieved by any order or decision of the authorized enforcement agency. Any additional correspondence should be attached.
(b) Every appeal shall be made within thirty (30) days from the date on the letter mailed to anyone outlining the violation.
(c) Any communication purporting to be an appeal shall be regarded as mere notice to seek relief and shall not be considered by City Council until it is made in the form required.
(d) If the applicant fails to file an appeal properly and fails to supply the required data within thirty (30) days from the date of letter the case shall be dismissed for lack of prosecution.
(e) The appeal shall be accompanied by a fee of $200, which amount shall be used to defray the cost incurred by the City.
(f) All property owners as listed with the County Auditor within 150 feet of the offending property shall be notified by first class mail of the appeal hearing.
(g) At the appeal hearing of the case before the City Council, the appellant shall appear in his own behalf or be represented by counsel or agent. The appellant's side of the case shall be heard first followed by the comments of others. To maintain orderly procedure, each side shall proceed without interruption by the other.
(h) Every person before the rostrum shall abide by the order and direction of the Council President. Discourteous, disorderly, or contemptuous conduct shall be regarded as a breach of the privileges of Council and shall be dealt with, as the President deems proper.
(i) Following the appeal hearing, City Council may affirm, amend, modify or withdraw any notice or order and notify the appellant of such decision. Following the decision of City Council, all parties shall be notified of the decision by first class mail delivered to the address as listed on the County Auditor's records or the address provided by the party.
(j) Any party to the hearing, including the City, may seek judicial review by filing a petition in the County District Court within thirty (30) days after the issuance of the decision by City Council.
(Ord. 2013-17. Passed 8-19-13.)