Sec. 14A-2-3. Appeals.

Any person entitled to a hearing under Section 14A-2-2, or the community development director, the city council, and any individual city council member, or the city manager, may appeal the decision of the hearing officer to the city council. No conflict of interest shall exist solely by reason of the filing of an appeal by the city council, an individual city council member, or the city manager.
(1) A failure to appeal shall be deemed a waiver of the right to appeal.
(2) Notice of appeal must be in writing and filed with the city clerk within seven days after the decision is rendered by the hearing officer. An appeal filed by the city council, an individual city council member, or the city manager shall not be subject to the requirement to pay an appeal fee.
(3) Upon receipt of the notice of appeal, a hearing will be set before the city council, within thirty days of receipt of the notice, and the appellant notified in writing of the time and date for hearing. This notice shall be sent to appellant by certified mail, to the address given in the notice of appeal and the address of record, if different.
(4) The hearing officer shall be notified of the appeal and shall then transmit his records on the matter to the city council.
(5) The decision of the hearing officer shall be presumed to be correct and the appellant shall have the burden of proof in the hearing before the city council.
(6) The city council may affirm, reverse or modify the decision of the hearing officer. If the decision is affirmed or affirmed and modified, the period for abatement as set forth in the order of abatement, shall start as of the date of the council action.
(7) Any owner or occupier of premises having objection to the decision of the city council must bring an action in a court of competent jurisdiction within thirty days after the action by the council, otherwise, all objections will be deemed waived. (Ord. No. 1081, (part); Ord. No. 1261, § 2 (part).)