§ 91.14 APPEALS.
   (A)   (1)   Any notice to abate or assessment may be appealed to the City Council.
      (2)   An appeal must be filed within 15 days of the service of the notice to abate or assessment, and must be filed with the City Clerk’s office.
      (3)   Failure of a person entitled to appeal under this subchapter to timely file an appeal shall constitute a waiver of the right to a hearing of the complaint and such person shall be estopped to deny the validity of any notice or assessment which could have been timely appealed.
      (4)   The notice of appeal shall set forth, in writing, the person’s reasons for believing they are not in violation of the subchapter or that the assessment is excessive.
      (5)   The individual appealing shall accompany the written appeal with an appeal fee of $100, such sum to be deposited in the General Fund of the city.
      (6)   In case of financial hardship, the fee may be suspended.
(Prior Code, § 6-8.31)
   (B)   Any person may appeal a notice to abate or assessment:
      (1)   When it is claimed the property or building subject to the notice is not in violation of this subchapter;
      (2)   When it is claimed the one intent of this subchapter or standards described in the subchapter have been incorrectly interpreted; or
      (3)   When it is claimed that the city’s costs for correcting or abating the violation are excessive.
(Prior Code, § 6-8.32)
   (C)   (1)   The City Council shall set a date for hearing on appeal within 30 days of the receipt of notice of appeal by the City Clerk. The notice to appellant shall be substantially in the following form, but may include other information:

You are hereby notified that a hearing will be held before the City of Williams City Council at                                                      on the                 day of                            at the hour                     , upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you.
      (2)   A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the Council. The proceedings at the hearing may also be reported by a certified court reporter if requested by appellant and paid for by appellant. If the appellant retains the services of a court reporter, a copy of the transcript shall be made available to the city, if requested, upon payment of the court reporter’s fee for a copy of the transcript.
      (3)   The Council shall take testimony from all parties to the appeal. The City Council has the power to administer oaths and affirmations and to certify to official acts.
      (4)   Each party shall have these rights at the hearing, among others:
         (a)   To call and examine witnesses on any matter relevant to the issues of the hearing;
         (b)   To introduce documentary and physical evidence;
         (c)   To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
         (d)   To impeach any witness regardless of which party first called the witness to testify;
         (e)   To rebut the evidence;
         (f)   To be represented by anyone who is lawfully permitted to do so in the state;
         (g)   The City Council may inspect any building or premises involved in the appeal as part of the hearing; provided that:
            1.   Notice of such inspection shall be given to the parties before the inspection is made;
            2.   The parties are given an opportunity to be present during the inspection; and
            3.   The City Council shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the City Council.
         (h)   The Council shall prepare a written summary of the hearing and shall set forth the decision reached. A decision shall be rendered within 15 days of the hearing and the findings and decision shall be mailed to all parties to the appeal.
(Prior Code, § 6-8.33)
   (D)   (1)   Any person may request a variance or time extension of a notice to abate or assessment. Such request shall be made to the City Council.
      (2)   The same time limits for filing, fees and written requirement that appear in division (A) above on appeal applies to this subchapter.
      (3)   The procedure shall be the same as set forth in this division (D).
      (4)   Where the Council grants a variance, it shall set forth its reasons for granting the variance
and the extent of the variance.
      (5)   The Council may grant a variance only where it is determined that all of the following apply:
         (a)   Special circumstances or conditions apply to this appeal application such as hardship;
         (b)   Authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights; and
         (c)   Authorizing of the variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property or adjacent property values, to the neighborhood or to the public welfare in general.
      (6)   The Council may grant one extension of the time limit set forth in § 91.12(C) of this chapter. Such extension shall not exceed 180 days. The extension period granted by the Council starts to run on the day the Board issues its decision pursuant to this division (D). The Board may grant an extension only where it is shown that:
         (a)   It would create a hardship to bring the property into compliance within the 30-day period of § 91.12(C) of this chapter; or
         (b)   The moving party presents a plan, that is approved by the Council by which the property will be brought into compliance within 180 days.
(Prior Code, § 6-8.34)
   (E)   Any party aggrieved by a decision of the Council may appeal to the county’s Superior Court in accordance with the Rules of Procedure for Special Actions.
(Prior Code, § 6-8.35)
   (F) During appeal to Council, except for orders to vacate or violations presenting an imminent hazard, the timely filing of an appeal shall stay enforcement of a notice to abate or assessment until the appeal is finally determined by the Council.
(Prior Code, § 6-8.36)
(Ord. 791, passed - -1999)