(A) Any person who wishes to appeal an administrative citation is referred to as the APPELLANT.
(B) Appeals should be commenced by filing a written notice of appeal with the office for the Code Enforcement Officer either in person or postmarked within 15 days of receiving the citation. The written notice of appeal shall be printed legibly or typed and contain the following information:
(1) The reasons the appellant believes the citation is objectionable, incorrect, or illegal;
(2) The amount involved and the time during which it occurred;
(3) The name, address, and telephone number of the appellant;
(4) The number of the citation being appealed, if applicable;
(5) A statement indicating whether the appellant desires the administrative appeal hearing to be open or closed to the public. All administrative appeal hearings are presumed to be open to the public. If either party requests a hearing that is closed to the public, the party requesting the closed hearing must present good cause to the Planning and Zoning Commission that the public interest in having an open hearing is outweighed by the privacy interest involved in a particular case or that a closed hearing is legally required based upon the nature of the evidence to be presented at the administrative appeal hearing;
(6) If the appellant is to be represented by a legal representative, the name, address, and telephone number of the representative; and
(7) The signature of the appellant, legal representative, and/or corporate agent.
(C) At the time of filing the notice of appeal, the appellant shall pay an appeal filing fee of $50 to the city. Failure to pay the appeal filing fee shall result in the appeal being dismissed.
(D) If the appellant complies with the jurisdictional requirements for an appeal, then the city will take no further action to enforce the penalty until the Planning and Zoning Commission renders a final decision. However, the provisions for prior notice and hearing may be dispensed with when, in the opinion of the Code Enforcement Officer, immediate action is necessary to summarily abate a dangerous condition on public or private property or there is an imminent threat to life or safety on public or private property. The Code Enforcement Officer shall take only such action as is reasonably necessary to summarily abate the danger, and then the city will take no further action to enforce the penalty until the hearing examiner renders a final decision.
(E) The Code Enforcement Officer, or designee, shall immediately deliver a copy of the appeal to the City Attorney who will act as legal counsel.
(Ord. 966, passed 10-5-2020)