A. Appeal: Any person aggrieved by the imposition of a civil penalty or order to bring their property into compliance as provided by this chapter may appeal said penalty or order.
B. Appeals To Be In Writing: The appeal shall be in writing and filed with the city recorder within ten (10) days after the civil penalty or order is served.
C. Upon Receipt Of An Appeal: The hearing examiner designated by the city shall hold a hearing upon receipt of an appeal. Notice shall be provided to the appealing party at the address provided by the appealing party at the time of appeal. The decision of the hearing examiner shall be final.
D. Standard Of Review And Proof: The hearing examiner shall ensure due process is provided. The person appealing bears the burden of proof that the city’s decision was in error. The hearing officer shall review the facts “de novo” without deference to the city’s determination of the factual matters. The hearing officer shall determine the correctness of the city’s interpretation and application of the plain meaning of the regulations and shall decide whether the preponderance of the evidence shows that the violation(s) exist. Each party may present witnesses and evidence. The hearing shall be informal, and the rules of evidence do not apply.
E. Appealing Decisions Of The Hearing Examiner: The alleged violator and the city may appeal a decision of the hearing examiner by filing a petition with the district court within thirty (30) days of the decision.
F. Compliance Required: No provision of this section shall in any way relieve the violator from compliance with the provisions of this chapter and all applicable federal, state and city storm water regulations. (Ord. 2015-11-006, 11-19-2015; amd. Ord. 2019-04-001 § 2, 4-4-2019; Ord. 2020-01-003 § 2, 1-9-2020; Ord. 2020-08-004 §§ 1, 2, 8-6-2020)