§ 14-72. Appeal of decision of administrator.

(a)

Any owner, operator, discharger, or permittee dissatisfied with a decision or action of the administrator, or notice of violation, shall have the right to appeal in writing to the city manager within the shorter of i) the time set for remediation/restoration/or, ii) ten (10) days after the administrator's order, decision, or action appealed from. The request for appeal shall be dated and delivered to the administrator and to the city manager, and shall include the following:

(1)

The name, address, e-mail address, telephone and fax number of the person appealing;

(2)

Identify the real property involved;

(3)

Describe the action or decision complained of, state the date the action/decision was taken/made, and attach a copy of any written notice/order/decision given by the administrator;

(4)

Identify expedited appeals in capital letters as EXPEDITED APPEAL.

(b)

Upon receipt of a timely request to appeal, the city manager shall set same down for hearing within ten (10) days from the date of the request to appeal. The city secretary shall notify the appellant and also the administrator of the date, time and place of such hearing at least five (5) days prior to the hearing. At the hearing, both the administrator and the appellant shall have the right to offer testimony and present evidence. The city manager shall consider such evidence and testimony as he finds material, relevant and credible. Based on the evidence the city manager may affirm, modify or reverse the action and/or decision appealed. The decision of the city manager shall be final.

(c)

In the event that the administrator has already taken action after determining that there was an emergency under section 14-32, the appellant's request may be marked "EXPEDITED APPEAL" in which case, the city manager shall set same down for hearing within two (2) business days of receipt of the appeal unless he makes a written finding setting out the reasons necessitating a delay of more than two (2) business days. The city secretary shall notify the appellant of the date, time and place of such expedited hearing by telephone, e-mail, or fax.

(d)

If no appeal is timely taken in the manner hereinabove provided, the ruling of the administrator shall be final.

(Ord. No. 12-006, § 2, 1-26-12)