A petition to set aside a determination of building code violation(s) liability may be filed by a person owing an unpaid fine or penalty in the manner and subject to the restrictions and grounds hereinafter set forth:
A. A written petition to set aside a determination of liability must be filed in the office of the building code compliance administrator within, but not later than, fourteen (14) days from the date the determination of liability is made.
B. The building code compliance administrator shall act upon the petitions timely filed and render a decision thereon within fourteen (14) days of the date filed.
C. The grounds for setting aside a determination of liability shall be limited to the following:
1. The person against whom the determination of liability is made was not the owner building on the date the building code violation(s) notice(s) were issued.
2. The person's having paid the fine or penalty prior to the determination of liability for the violations in question.
3. Excusable failure to appear at or request a new date for a hearing.
D. Should the determination of liability be set aside, the building code compliance administrator shall:
1. Notify the owner, resident, or contractor that the determination of liability has been set aside.
2. Notify the owner, resident, or contractor of a date, time and place for a hearing on the merits of the violation for which determination of liability has been set aside.
3. Notice of setting aside of the determination of liability and the notice of the hearing date shall be by first class mail, postage prepaid, to the address set forth on the petition to set aside the determination of liability.
4. Service of the notice shall be complete on the date the notice(s) are deposited in the United States mail. (Ord. 02-20, 12-3-2002)