Chapter 14C WEED ABATEMENT.
Sec. 14C-1-16. Grievance with final order--Appeal to city council.
(a) Whenever any person is aggrieved by any final order of the fire chief,
or an authorized
representative issued pursuant to Section 14C-1-7 or the
confirmation of an assessment pursuant to Section 14C-1-13, such person may
appeal to the city council the issuance of said order or confirmation by filing
a written notice of appeal therefrom with the city council no later than ten
days from the date of the decision.
(b) The written notice of appeal shall
be filed in duplicate with the city clerk and shall state the grounds for such
appeal and the specific factual and/or legal errors committed by the fire chief,
or the authorized representative in issuing its order or
(c) The city clerk shall forthwith transmit one copy of said
notice of appeal to the fire chief, or authorized representative.
fire chief, or the authorized representative of either, shall transmit to the
city council, no later than twenty days from receipt of the notice of appeal,
the original resolution and copies of all other papers constituting the record
upon which the decision was taken, including, but not limited to, the minutes of
all hearings thereon, and shall submit to the city council a written report,
prepared from the record upon which the final determination was made, stating
the factual and legal basis on which the fire chief or the authorized
representative reached his or her decision.
(e) The city council may, by
resolution, affirm, reverse or modify, in whole or in part, any final
determination, assessment, or order of the fire chief or authorized
representative which is appealed from. After reviewing the proceedings relating
to the decision appealed from, including, but not limited to, minutes of
hearings, notice of appeal and the report of the fire chief, or authorized
representative, the city council, by resolution, may affirm without further
action the determination, assessment, or order appealed from.
(f) The city
council may not affirm, reverse, or modify the fire chief’s, or authorized
representative’s final determination which is appealed until it has held a
hearing thereon, said hearing being set and notice thereof being given. The city
council, by resolution, after the completion of said hearing, which it may
continue for any reason it deems proper and reasonable, may reverse or modify,
in whole or in put, any final decision, assessment, or order of the fire chief,
or the authorized representative of either.
(g) On the date a notice of
appeal is filed under this section, all proceedings in furtherance of the
determination or order appealed from shall be stayed until the final
determination by the city council of the appeal.
(h) All decisions of the
fire chief, or the authorized representative of either shall be final unless
appealed within the time prescribed herein. (Ord. No. 1341, (part).)