(A) Administrative appeal. Administrative determinations may be appealed to the City Council. The following actions are not subject to administrative appeal and shall be appealed in the manner provided by law for those particular actions:
(1) Citations heard in Jefferson County District Court; and
(2) Condemnations heard in City Council or a court of law.
(B) Timely submission of appeal. Unless otherwise provided in this chapter, any person affected by a “notice of violation” or other administrative determination under this chapter may appeal the determination by submitting a written application to the Code Enforcement Department within five days, excluding weekends and holidays, after notice of determination has been made.
(C) Contents of appeal. A request for an administrative appeal must be made upon forms approved by the City Council or in any written form that contains the following information:
(1) The date the appeal is submitted;
(2) The name and address of the appellant;
(3) The address of affected property;
(4) A description of the administrative decision being appealed; and
(5) The desire that the administrative decision be overturned or reviewed.
(D) Notice of hearing. The City Council shall consider the appeal at the next available date. The appellant shall be provided notice of the hearing by first class mail sent to the address shown on the request for administrative appeal no less than five days, excluding weekends and holidays, prior to the hearing.
(E) Actions pending appeal. No Code Enforcement Officer may take action based upon an administrative decision while that decision is being appealed except those listed below:
(1) Citations issued under § 96.132(B);
(2) Condemnations under § 96.135; or
(3) Temporary emergency orders issued under § 96.133(C) and (D).
(F) Conduct of hearing. Hearings shall be conducted in an open forum according to such procedural rules as may be adopted by the City Council. No administrative decision of a Code Enforcement Officer may be overturned unless a determination is made that:
(1) The true intent of this chapter or the rules legally adopted thereunder have been incorrectly interpreted;
(2) The provisions of this chapter do not fully apply; or
(3) The requirements of this chapter are adequately satisfied by other means.
(G) Orders. Upon the conclusion of an appeal, the City Council shall timely issue orders to guide the actions of the Code Enforcement Department regarding the appeal.
(Ord. 442, passed 3-19-12)