15.04.110 Appeal procedures.
A. A person, firm, corporation or other entity, however organized, that is aggrieved by an administrative action of the Building Official taken pursuant to any Section of this Chapter that authorizes an appeal under this Section may, within 15 days after the date of notice of the action, appeal in writing to the Building Official. The written appeal shall be accompanied by the appeal fee, set by resolution of the City Council, and shall include the following information:
(Ord. 1990, 2010)
1. The appellant’s name and address;
2. Identify the determination that is being appealed and describe it generally;
3. The reason the determination is incorrect; and
4. What the correct determination of the appeal should be. If a person, firm, corporation or other entity however organized appeals a civil penalty to the City Manager, the penalty shall become final, if at all, upon issuance of the City Manager’s decision affirming the imposition of the administrative civil penalty.
B. If a notice of revocation of a license or permit is the subject of the appeal, the revocation does not take effect until a final determination of the appeal. Notwithstanding this paragraph, an emergency suspension shall take effect upon issuance of, or such other time stated in, the notice of suspension. (Ord. 1990, 2010)
C. Unless the appellant and the City agree to a longer period, an appeal shall be heard by the City Manager within 30 days of the receipt of the notice of intent to appeal. At least 10 days prior to the appeal hearing, the City shall mail notice of the time and location thereof to the appellant. (Ord. 1990, 2010)
D. The City Manager shall hear and determine the appeal based on the appellant’s written statement and any additional evidence the City Manager deems appropriate. At the hearing, the appellant may present testimony and oral argument personally or through an attorney. The burden of proof shall be on the Building Official. The rules of evidence as used by courts of law do not apply. (Ord. 1990, 2010)
E. The City Manager shall issue a written decision within 10 days following the hearing. The City Manager’s written decision shall be final. (Ord. 1990, 2010)
F. Except as provided in this subsection, the appeal fee is not refundable. The City Manager may make a determination on the motion of the appellant that the appeal fee is refunded to the appellant upon a finding by the City Manager that the appeal was not frivolous. (Ord. 1990, 2010)
G. Failure to pay a penalty imposed hereunder within 10 days after the penalty becomes final as provided in Subsection (A) shall constitute a violation of this code. Each day the penalty is not paid shall constitute a separate violation. The Building Official is authorized to collect the penalty by any administrative or judicial action or proceeding authorized by Section 15.04.120, other provision of this Code or State Law. (Ord. 1990, 2010)