(a) Any property owner who received a written notice from the City Engineer pursuant to Section 913.20(b) may file an appeal with the Building and Zoning Appeals Board requesting a review of the City Engineer’s determination that his sidewalk or curb and gutter, or both, is in need of repair or the reasonableness of his specifications and standards.
(b) The appeal shall be taken by filing a written notice of appeal with the City Engineer specifying the grounds of the appeal. The appeal shall be filed within ten days after the receipt of the written notice from the Engineer. The City Engineer shall immediately transmit to the Board his entire written record of the matter.
(c) Upon receipt of the notice of appeal, the Board shall set a time and date for a hearing and shall notify the appellant and the City Engineer of the hearing. The appellant and the City Engineer shall have the right to appear, be heard, present evidence and be represented by counsel.
(d) The Board shall review the decision of the City Engineer complained of only for the purpose of determining whether the Engineer has acted arbitrarily, capriciously, unreasonable or illegally.
(e) The Board shall act upon the appeal no later than its second regularly scheduled meeting following the hearing. Its decision shall be in writing and shall be sent to the appellant and the City Engineer.
(f) An appeal shall automatically stay all enforcement proceedings until the appeal is decided. (Ord. 4357. Passed 2-8-11.)