1.25.120 Administrative notice and order – Hearing examiner appeal.
(1) Any notice of violation and order to correct or cease activity issued by the code enforcement officer and affirmed or modified by the mayor or designee or decision of the mayor or designee regarding compliance with any notice of violation and order to correct or cease activity shall be appealable to the hearing examiner by filing a written notice of appeal with the city clerk within 14 calendar days after the date of mailing of the mayor’s or designee’s written decision.
(2) Effect of Appeal. The timely filing of an appeal pursuant to this section shall stay the requirement for action specified in the notice and order that is the subject of the appeal. The monetary penalty for a continuing violation does not continue to accrue during the pendency of the appeal; however, the hearing examiner may impose a daily monetary penalty from the date of service of the notice and order if he or she finds that the appeal is frivolous or intended solely to delay compliance.
(3) Effect of Failure to Appeal. The violation shall be deemed committed, the notice and order shall become the final administrative order, and the monetary penalties assessed shall be immediately due and subject to collection if (a) no appeal is timely filed within the time limits set forth above after the notice and order was issued, or (b) an appeal was timely filed, but the appellant or his or her representative failed to appear at the hearing. (Ord. 529 § 1, 2018)