CHAPTER 14A. NUISANCES.
Article II. Notice, Hearing, Appeal.
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
(1) A failure to appeal shall be deemed a waiver of the right to
(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
(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
(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).)