9.662 Appeal

(1)  A person receiving a Notice of Civil Penalty may appeal to the Board.  Written Notice of Appeal along with the appeal fee must be filed with the City Recorder within ten (10) business days of receipt of the Notice of Civil Penalty.  An appeal not timely filed with an appeal fee shall not be considered, and the civil penalty imposed by the City shall become final.

(2)  The Notice of Appeal shall state all of the following:
            (a)  The name and address of the appellant;
            (b)  The specific code provision or rule being appealed;
            (c)  The reason the building official’s determination is incorrect; and
            (d)  The appellant’s desired outcome on appeal.

(3)  Unless the appellant and City mutually agree to a longer period, an appeal shall be heard by the Board within thirty (30) days after receipt of the Notice of Appeal.  At least ten (10) business days prior to the hearing, the Director of Building Safety shall mail notice of the time and location of the hearing to the appellant.

(4)  The Board shall hear and determine the appeal on the basis of the appellant’s testimony, written statements or other supporting evidence the Board deems appropriate.  The appellant may either appear personally or through legal counsel.  The rules of evidence shall not apply.  The appeal shall be limited to the issues specified in the Notice of Appeal.

(5)  The City may present evidence either by testimony or the written report of the building official that issued either the Notice of Civil Violation or Penalty.  The City Attorney may assist the building official at the hearing.

(6)  Upon review, the Board shall limit its review to determining whether there is substantial evidence to support the decision of the building official, or if errors in law were committed by the building official. Review shall in any event be limited to those issues set forth in the Notice of Appeal. The appellant is precluded from raising an issue on appeal to the Board if he or she could
have raised the issue to the building official but failed to do so. The Board shall issue a written decision within ten (10) business days of the hearing date.

[Added, Sec. 5, Ord. No. 2010-33, Feb. 18, 2010.]