§ 14-12.008. Appeals.  


Latest version.
  • (a)

    Any person upon whom an administrative fine is imposed by the director may appeal the fine pursuant to the procedures set forth in this section. The appellant must file a written appeal with the director within fifteen calendar days of the service date of the notice of fine. The written appeal must contain:

    (1)

    A brief statement setting forth the interest the appealing party has in the matter relating to the imposition of the penalty; and

    (2)

    A brief statement of the material facts that the appellant claims supports his or her contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted.

    (b)

    Notice of the appeal hearing will be served as specified in Section 14-12.018 and will set the appeal hearing no sooner than twenty days and no later than forty-five days following the service date of the notice of appeal hearing.

    (c)

    An appeal of an administrative fine imposed for violations of this code will be heard by the following hearing examiners:

    (1)

    Director of environmental health for violations of Division 413 and Chapters 414-4, 414-6, 416-14, 418-2, 418-6, 418-12, 420-2, 420-6, and 450-6;

    (2)

    Public health director for violations of Division 445;

    (3)

    Director of building inspection for violations of Title 7;

    (4)

    Zoning administrator for violations of Title 8.

    (d)

    At the hearing, the appellant will be given the opportunity to testify and to present evidence.

    (e)

    After considering the testimony and evidence submitted at the hearing, or after the appellant has failed to appear at the hearing, the hearing examiner will issue a written decision to uphold, modify, or cancel the administrative fine and will list in the decision the reason or reasons for that decision. The decision will be served as specified in Section 14-12.018.

(Ords. 2006-66 § 10, 2003-01 § 8, 2002-47 § 3, 2000-21 § 2).