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The procedures in this section apply only to appeals to the hearing examiner pursuant to Chapter 1.25 or 19.11 ECMC or any other chapter which adopts the process of either of those chapters by reference.

(1) Written Appeal. Appeals shall be written and shall include the following.

(a) The date of, the name of the person subject to and the address of the property or the location subject to the notice of violation and order to correct or cease activity from which the appeal is being taken.

(b) The name and mailing address of the person appealing.

(c) A brief statement of the specific action being appealed, together with any material facts claimed to support the contentions of the appellant.

(d) A brief statement of the relief sought and the reasons why it is claimed the notice of violation and order to correct or cease activity was improperly issued.

(e) The appeal fee established pursuant to ECMC 2.35.100.

(2) Filing the Appeal. The appellant shall file an appeal with the planner within 10 days after the date of the decision.

(3) Rejection of Appeal. If an appeal is not properly filed because one or more of the required materials set forth in this section has not been submitted to the planner within the time limit established in this section, the planner has the authority to reject the appeal. In such instances, the planner shall inform the appellant in writing that the appeal has been rejected and include an explanation of its deficiency(ies).

(4) Stay of Proceedings. If an appeal is properly filed within the time limit, the notice of violation and order to correct or cease activity shall be suspended, and no further enforcement action shall be taken unless the city files for accelerated review of the appeal because of an emergency situation. In the event a request for accelerated review is received, the hearing examiner will conduct a preliminary hearing to determine the hearing schedule and to enter any temporary order to protect the general welfare of the citizens of the city if deemed necessary.

(5) Department Action. If an appeal is properly filed within the time limit, the planner shall:

(a) Set the hearing on the appeal for a date that is within 90 days of the date the appeal was filed.

(b) Give notice of the hearing as specified in ECMC 2.35.140.

(c) Provide the examiner with the appropriate materials as set forth in ECMC 2.35.150.

(d) The appellant and city attorney shall be provided copies of any material provided to the examiner if they have not previously been provided. (Ord. 465 § 1, 2012; Ord. 433 § 1, 2010)