A. Request for Appeal. Any responsible party against whom an administrative enforcement order has been imposed may appeal the imposition of the order by filing a written notice of request for appeal by the methods set forth in the administrative enforcement order within ten (10) calendar days of service of the notice of administrative enforcement order. If no request for appeal is filed with the office of community development within ten (10) calendar days of service, appeal rights shall be deemed waived and the administrative enforcement order shall become final. The written appeal request shall contain:
1. A brief statement setting forth the interest the appealing party has in the matter relating to the imposition of the penalty;
2. A brief statement, in ordinary and concise language, of the material facts which the appellant claims support his/her/its contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted; and
3. An address at which the appellant agrees notice of any additional proceeding or an order relating to the imposition of the administrative penalty may be received by first class mail.
B. Payment of Appeal Fee. Any responsible party seeking to appeal the imposition of an administrative penalty shall be required to pay to the city clerk or designee, at the time the appeal is requested, a nonrefundable appeal fee. The amount of the appeal fee may be increased or decreased by resolution of the City Council. Absent such resolution, the appeal fee shall be $100. The appeal fee is intended to cover the costs, expenses and city employees' time incurred by the city in processing, preparation for, and hearing of the appeal. No appeal request is valid unless accompanied by the appeal fee, unless otherwise waived pursuant to subsection D. below. In the event an appeal fee is waived and the administrative enforcement order is upheld, the appeal fee shall be added to the penalty due. In the event the appeal fee is paid and the administrative enforcement order is not upheld, the appeal fee shall be returned together with any fines that have been deposited in advance.
C. Advance Deposit of Fine. Any responsible party seeking to appeal the imposition of an administrative penalty shall be required to pay the city clerk or designee, at the time the appeal is lodged, a deposit of the fine assessed in the administrative penalty notice and order. If the responsible party is unable to make the required deposit, the responsible party shall provide evidence that a request for an advance deposit hardship waiver has been filed pursuant to subsection D. below.
D. Advance Deposit Hardship Waiver. Any responsible party who is financially unable to pay the appeal fee or make the advance deposit of the full amount of the fine as required in subsections B. and C. above, and who intends to appeal the administrative enforcement order, may file a request for an advance deposit hardship waiver to waive all or part of the advance deposit and appeal fee. A request for advance deposit hardship waiver must be filed with the city clerk or designee on an advance deposit hardship waiver application form available from the city clerk within ten working days of the date of the administrative penalty notice and order and must include a sworn declaration and any other supporting documents or materials showing the responsible party's actual financial inability to deposit the full amount of the fine in advance of the hearing. The responsible party bears the burden of demonstrating to the satisfaction of the city clerk or designee the responsible party's actual inability to deposit the full amount of the fine in advance of the hearing. If the city clerk or designee determines not to issue an advance deposit hardship waiver, the responsible party shall remit the advance deposit of the advance deposit amount and the appeal fee to the city within ten working days. Failure to timely remit the advance deposit and appeal fee shall terminate the request for an appeal and the amount of the fine shall become immediately due and payable. The requirement of depositing the full amount of the fine and the appeal fee as required by Section 1.13.062(C) shall be stayed while the city clerk or his or her designee makes a determination whether to issue the advance deposit hardship waiver. (Ord. 2006-15 § 2 (part), 2006)