§ 153.07 RIGHT OF APPEAL; WAIVER OF REGISTRATION FEE.
   (A)   Appeal rights. The owner shall have the right to appeal the imposition of the registration fees to the City Manager. An appeal shall exist upon the filing of an application, in writing, to the Building Code Enforcement Department no later than 15 calendar days after the date of the billing statement. On appeal, the owner shall bear the burden of providing satisfactory objective proof of occupancy as defined in this chapter.
      (1)   Within five days of receiving an appeal, the Building Code Official shall alert the City Manager to such appeal and the City Manager shall hear said appeal within 30 calendar days of the date the appeal was filed. The City Manager shall provide the parties with adequate notice of any hearing. Parties to the hearing may be represented by another person.
      (2)   The decision of the City Manager may be appealed to the Municipal Court.
      (3)   The decision of the Municipal Court may be appealed to any court of competent jurisdiction.
   (B)   One-time waiver of registration fee. A one-time waiver of the registration fee per property/structure is available. A waiver shall not last more than 60 days unless, in his or her discretion, the City Manager permits a longer waiver or an extension of any waiver. A party may seek such waiver through the Building Code Enforcement Department. The Building Code Official shall provide such waiver to the City Manager within five days of receiving such waiver request. The waiver may be granted by the City Manager or his or her designee, upon review and advice of the Building Code Official and/or other relevant authorities, if the owner:
      (1)   Demonstrates with satisfactory proof to the City Manager or his or her designee that he or she is in the process of demolition, rehabilitation, or other substantial repair of the vacant building; and
      (2)   Objectively demonstrates to the City Manager or his or her designee a reasonable anticipated length of time for the demolition, rehabilitation, or other substantial repair of the vacant building;
      (3)   Provides satisfactory proof to the City Manager or his or her designee that he or she was actively attempting to sell or lease or rent the property during the vacancy period; or
      (4)   Provides satisfactory proof to the City Manager, to be evaluated on a case-by-case basis, that the vacancy is temporary and may be due to illness of the owner, active military service, or some other reasonable explanation believed to be short term in nature and document able as necessary.
   (C)   Grant or denial of request. Within 30 days, or as soon thereafter as possible, after the waiver application is received by the City Manager or his or her designee, the City Manager or his or her designee shall grant or deny the waiver or request for extension, in writing, and dispatch the written decision by mail to the owner.
      (1)   If the owner properly submitted an application for a one-time waiver or request for extension to the City Manager or his or her designee, and the City Manager or his or her designee rendered a decision which the owner seeks to appeal, the owner may appeal to the Municipal Court.
      (2)   To constitute a timely appeal, the owner must file an application in writing no later than 15 calendar days from the date of the City Manager or his or her designee’s decision. The Municipal Court shall either grant or deny the appeal.
      (3)   Thereafter the decision of the Municipal Court is final, unless within 15 days of such decision is appealed to a court of competent jurisdiction. Such appeal shall stay any registration and/or payment of registration fees or other actions available to the city concerning the property/structure at issue related to vacant building registration.
(Ord. 2022-06, passed 3-7-2022)