404 14TH ST BASE FILE 2024-12-09

9.9 Appeal Procedures A. Appeals. 1. Any user who has been subject to an enforcement action by the City and who seeks to dispute a Notice of Violation, order, fine, or other action of the Director may file an appeal. No other person may appeal an enforcement action. 2. The notice of appeal must be filed in writing and received by the Director, in writing, within ten (10) calendar days of the receipt of the disputed action or proposed action. If the notice of appeal is not received by the Director within the 10 day period, the right to an appeal is waived. The notice of appeal shall state with particularity the basis upon which the appellant is disputing the action taken or proposed to be taken. 3. Upon receipt of a timely notice of appeal, the Director shall set a date and time for an appeal hearing, but in no case shall the hearing be set more than sixty (60) days from the receipt of the timely notice of appeal. The appellant shall be notified in writing of the date, time, and place for the appeal hearing. The Director or his/her designee shall serve as the hearing examiner and be the presiding officer at the hearing. B. Appeal Hearing. 1. Content of Notice of hearing. The notice of hearing shall include: (a)Names and mailing addresses of all parties to whom notice is being given, and if known, the names and addresses of their representatives; (b) If the City intends to appear, the mailing address and telephone number of the office designated to represent the City in the proceeding; (c) The official file or other reference number and name of proceeding; (d) The name, official title, mailing address and telephone number of the presiding officer, if known; (e)A statement of the time,place and nature of the proceeding; (f) A statement of the legal authority and jurisdiction under which the hearing is to be held; (g) A reference to the particular section of the ordinance or regulations involved; (h) A short and plain statement of the matters asserted by the agency; and (i) A statement that a party who fails to attend or participate in a hearing or other stage of an appeal hearing may be held in default. 2. Procedures at hearing. The hearing examiner/presiding officer, who may be the Director, or his or her designee, shall regulate the course of the hearing. The presiding officer shall afford to all parties the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence; 52