§ 10-112. Appeal.

(a)

An owner or property manager may appeal a notice of violation or order to correct to an independent hearing officer, who shall be appointed by resolution of council. A written notice of appeal must be filed with the community development department within 30 calendar days of the date of the notice of violation or order to correct. Appeals must be based upon an articulated claim that the intent of this article, or the codes or regulations applied herein, have been incorrectly interpreted, or are not applicable to the matter at issue, or that an alternative measure equally addresses the concern. Notice of appeals must include an appeal fee, the amount of which shall be established by resolution of city council. Appellants who succeed on appeal before the hearing officer shall be refunded their appeal fee in its entirety.

(b)

The hearing officer will hear the appeal within a reasonable period of time, not to exceed 60 days from the date of the appeal, except upon agreement of the parties. The time for compliance stated in the notice shall be suspended, unless the hearing officer determines such work is necessary to ensure the safety of the occupants until the hearing officer has heard the appeal and issued its decision. An appellant who fails to appear at the hearing, after being properly notified, shall absent good cause, as determined by the hearing officer, be deemed to have waived the right of appeal.

(c)

An appeal of the decision of the hearing officer shall be made to the municipal court. The appellant shall pay for the costs of preparing a transcript and other expenses of preparation of the record of hearing before the hearing officer.

(Ord. No. 13-02, § 1, 2-5-2013; Ord. No. 14-11, § 2, 11-17-2014; Ord. No. 15-04, § 4, 5-5-2015)