(a) Any storm water discharger affected by a final action or order of the Director may request an administrative hearing within thirty days after notice of the Director's action. The appeal shall be in writing and shall set forth the action complained of and the grounds upon which the appeal is based. The filing of an appeal does not automatically suspend or stay execution of the appealed action.
(b) Upon the filing of an appeal, an administrative hearing officer shall set the time and place of the appeal hearing. At the hearing, the storm water discharger shall be provided the opportunity to present all relevant and material evidence on the matter raised on appeal, even though inadmissible under the rules of evidence applicable to judicial proceedings. The burden shall be upon the appellant to prove the Director's action was unreasonable or illegal.
(c) Within forty-five days following the hearing, the administrative hearing officer shall issue a written decision on the appeal setting forth findings of fact and conclusion of law. A copy of the report shall be mailed to the storm water discharger and any other parties to the appeal.
(d) The decision of the administrative hearing officer will be implemented immediately and constitute a final order of the City. The storm water discharger may appeal the decision to the Court of Common Pleas pursuant to the provisions of Ohio R.C. Chapter 2506.
(Ord. 139-95. Passed 3-14-95.)