Sec. 26-193.  Appeal of notice of violation.

 

Any person receiving a notice of violation may appeal the determination of the city.  The notice of appeal must be received within thirty (30) days from the date of the notice of violation.  Hearing on the appeal before the city engineer or his or her designee shall take place within 15 days from the date of receipt of the notice of appeal.  All decisions of the city engineer or his or her designee may be appealed to the stormwater board of appeals by any person aggrieved by the decision of the city engineer or his or her designee, or any taxpayer, officer, department, board or bureau of the city.  The stormwater board of appeals shall be comprised of the same members as the zoning board of adjustment.  The persons serving as officers on the zoning board of adjustment shall also serve as officers on the stormwater board of appeals so that they hold the same position on both boards.  Such appeal must be presented to the city clerk within thirty (30) days after the decision is made by the city engineer or his or her designee .  A fee as set forth in Section 2-5 of this Code shall accompany each application for appeal to the board of appeals which fee shall be refunded to the applicant in the event the board of appeals finds in favor of the applicant.  In the event of an appeal, the stormwater board of appeals shall hold a public hearing and after doing so, the stormwater board of appeals may reverse, affirm or modify the decision of the city engineer or his or her designee.  The appellant shall be responsible for paying the publication fees related to the appeal hearing. 

 

Source:  Ord. No. 5086, 1, 8-3-09; Ord. No. 5237, 1, 12-3-12; Ord. No. 5624, 11, 8-5-19;