Within thirty (30) consecutive calendar days after any determination by the enforcement officer that any sidewalk or portion thereof in the city is in violation of the terms and provisions of this subchapter and the mailing of the notice to the owners of abutting property any owner of abutting property may request an appeal by the Mayor or Mayor's designee in regard to any violation of the terms and provisions of this subchapter and any determinations of the Enforcement Officer according to the following procedure:
(A) The appeal shall be in writing and shall include a description of the sidewalk and the conditions determined to be in violation of this subchapter and the name, address and telephone number of the owner of the abutting real estate appealing the decision. It shall be filed with the City Clerk during regular business hours;
(B) Immediately upon receipt of a hearing request conforming to the requirements described, the City Clerk shall schedule the hearing with the Mayor or Mayor's designee no later than fourteen (14) days after receipt of the written request, and shall mail a written notice of the time, date and place to the applicant by certified mail, return receipt requested, at least ten (10) days prior thereto;
(C) At the time, date and place scheduled for the hearing, the Mayor or Mayor's designee shall conduct a due process hearing to determine from the evidence presented whether or not any of the terms or provisions of this subchapter have been violated; and
(D) Within seven (7) days thereafter, cause a written decision to be mailed to the appellant, by first class mail, and deliver a copy thereof to the Enforcement Officer. The written decision of the Administrative Officer shall include factual determinations and a conclusion that the provisions of this subchapter were either violated or not violated by the sidewalk involved in this appeal, or otherwise.
(E) Nothing in this section shall prevent the City of Villa Hills from developing sidewalk assistance program(s). whether through the city or through other community organizations or groups to assist individuals who meet the qualifications of any such assistance program in lieu of the administrative process to ensure the repair of broken or unsafe sidewalks.
(Ord. 2015-4, passed 4-15-2015; Am. Ord. 2020-2, passed 2-19-2020)