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(A) Appeals permitted.
(1) Any person aggrieved by a citation issued by any Code Enforcement Officer under this title may appeal said citation to the Board of Commissioners. Before filing an appeal, the aggrieved person is strongly encouraged to meet with the City Administrator to discuss why the person believes the citation was issued in error. If unresolved, the appeal may be commenced.
(2) Appeals shall be commenced by filing a notice of appeal with the Finance Officer for the city. There shall be a $100 fee assessed for filing an appeal, which shall be paid to the City of Summerset at the time of filing the appeal. The notice of appeal shall include a statement of the action complained of, why the same should be modified or rescinded, an address where the appellant can be mailed notice of hearings, and a copy of the citation issued. Upon receipt of the appeal, all documents, including the appeal, shall be forwarded from the Code Enforcement Coordinator and Finance Officer to the City Attorney. The appeal shall be heard by the Board of Commissioners which may be during a special or regular Board of Commissioners meeting or executive session as decided by the Board of Commissioners.
(B) Time of hearing and notice. A public hearing shall be held on all appeals within 45 working days after the filing of the appeal, unless a later date is agreed upon by the aggrieved person and the city. The city shall cause written notice of the date, time, and place of such hearing to be served upon the aggrieved person by personal service or certified mail to the address set forth in the appeal documents at least ten days prior to the hearing. The appeal shall be scheduled on the agenda of a regularly scheduled meeting of the Board of Commissioners for a period of at 30 minutes unless otherwise directed by the Board of Commissioners.
(C) Hearing procedures. The following rules shall govern the procedures for an administrative hearing.
(1) Hearings and administrative appeals need not be conducted according to the technical rules relating to evidence and witnesses.
(2) Any relevant evidence shall be admitted if it is the type of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission for such evidence after objection in civil actions in courts or competent jurisdiction in this state.
(3) Irrelevant and unduly repetitious evidence and evidence that lacks trustworthiness shall be excluded.
(D) Rights of parties at hearing. The aggrieved person and the city shall have these rights among others:
(1) To call and examine witnesses on any matter relevant to the issue of the hearing;
(2) To introduce documentary, physical, and oral evidence;
(3) To cross examine opposing witnesses on any matter relevant to the issues of the hearing; and
(4) To rebut evidence.
(E) Decision. After each appeal hearing, the Board of Commissioners shall consider the evidence in executive session and may state its decision when it has concluded the executive session. In addition, the Board of Commissioners shall provide written findings stating the following:
(1) The evidence the Board of Commissioners relied upon in reaching its decision; and
(2) Based upon such written findings, the Board of Commissioners may sustain or dismiss the citation or decision. In sustaining citation, the Board of Commissioners may in its discretion reduce or waive the payment of any civil penalty, permit, reinstatement, or late penalty fee.
(F) Report, costs. A written report of the decision, including the findings, shall be furnished to the aggrieved person and the Community Development Director within 20 working days from the date the appeal hearing is closed. The city and the aggrieved person shall bear their own respective costs of the appeal proceeding. The decision of the Board of Commissioners shall be final.
(G) Subject to judicial review. The decision of the Board of Commissioners may be subject to judicial review as provided by law.
(Ord. 36, passed 11-4-2010; Ord. 36A, passed 4-3-2014)