(A) Any person or permittee may appeal any decision or directive made by the city under this chapter to the City Manager or his/her designee. The party desiring to appeal shall file a notice of appeal at the city office within three business days of the decision or directive being appealed.
(B) The notice of appeal shall contain the following information:
(1) The appellant's name, address, and daytime telephone number;
(2) A short statement describing the basis for the appeal;
(3) Copies of any executed stormwater construction activity permit and supporting documents; and
(4) The relief sought by the appellant.
(C) Upon receipt of the notice of appeal, the City Manager shall set a date for an informal hearing to consider the appeal.
(D) At the informal hearing, the appellant shall present all evidence and/or witnesses that they have regarding the issue that they are appealing. The City Manager shall examine the presented evidence and/or be allowed to question any witness presented.
(E) The City Manager shall render a decision on the appeal within five business days of the informal hearing with the appellant. The City Manager shall uphold the decision or directive being appealed unless the City Manager finds that there has been an error in the interpretation or implementation of this chapter.
(F) The permittee shall implement required corrective actions during the duration of the appeal process and maintain overall compliance with this chapter.
(G) The permittee may elect not to implement corrective actions; however, no site work shall be conducted during the duration of the appeal period.
(H) A finding in favor of an appellant does not hold the city responsible for direct or indirect costs incurred by the permittee during the time the stop work order was imposed.
(Ord. 05-2024, passed 2-7-2024)