A. An owner, occupant or other party who has a legal or equitable interest in the property may appeal the final order of the community development director finding and ordering the abatement of a public nuisance pursuant to this chapter. The appeal must be in writing and must be filed with the city council no later than fourteen (14) days from the date of service of the community development director’s order finding and ordering the abatement of a public nuisance, after which time the order is deemed final and may longer be appealed.
B. An owner, occupant or other party who has a legal or equitable interest in the property may appeal the final order of the city manager determining the cost of abatement. The appeal must be in writing and must be filed within fourteen (14) days from the date of service of the city manager’s order, after which the order determining the costs of abatement is final. Unless a timely appeal was filed pursuant to subsection A of this section, this appeal is limited to evaluating the fairness and accuracy of determining the costs of abatement pursuant to the provisions contained herein.
C. All written appeals shall be filed in triplicate with the city clerk and be accompanied by the required fee and they shall state the grounds for such appeal and the specific factual and/or legal errors committed by the community development director or designee or the city manager in issuing either the order finding and ordering the abatement of a public nuisance or the order determining the cost of abatement. Any appeal shall contain:
1. A specific identification of the subject property;
2. The names and addresses of all appellants;
3. A statement of appellant’s legal interest in the subject property;
4. A statement, in ordinary and concise language, of the specific order or action protested and the grounds for appeal, together with all supporting material facts;
5. The date and signatures of all appellants;
6. The verification of at least one appellant as to the truth of the matters stated in the appeal.
D. The city clerk shall then transmit one copy of each of the written appeal to the city manager and the community development director.
E. No later than twenty-one days from the date of the city manager’s receipt of the written appeal, he/she shall transmit to the city council the records of all hearings and copies of all papers submitted, and orders given. The community development director or designee shall also submit a written report, stating the factual and legal basis upon which the community development director or designee reached his or her decision.
F. Within forty-five days from the date of the city’s acceptance of the written appeal, the city council shall, after review of the entire record, the community development director or designee’s report, and appellant’s written appeal, and without further hearings on the matter, issue a resolution affirming, reversing or modifying, in whole or in part, either the order finding and ordering the abatement of a public nuisance or the order determining the cost of abatement. Such resolution shall be served upon the owners, or other appellants in accordance with this chapter and shall inform the appellants of their right to file a judicial action to appeal the decision within thirty (30) days pursuant to this chapter. The decision of the city council shall be final.
G. On the date a written appeal is filed under this section, all proceedings in furtherance of the order appealed from shall be stayed until the final determination by the city council of the appeal, unless the community development director or designee finds that conditions on the property constitute an immediate threat to the health, safety or welfare of persons or property and must be abated immediately. (Ord. 114 § 27, 1993)