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Appeals of administrative enforcement actions pursuant to ECMC 2.35.130 shall be set for appeal hearings before the examiner pursuant to the procedures of this section and not ECMC 2.35.120. Notice of appeal hearings of administrative enforcement actions shall be as follows:

(1) The hearing before the examiner shall be set within 90 days of the filing of the notice of appeal unless the examiner, for good cause shown, extends that time for hearing.

(2) The planner, or the director’s designee, shall obtain available hearing dates from the examiner and shall set a date for the appeal hearing within the time provided herein and shall mail such notice of hearing to the address provided by the appellant in the notice of appeal. The notice of hearing shall be mailed at least 10 days prior to the date of the hearing.

(3) Prior to the hearing date, the planner shall provide to the examiner copies of the notice of violation and order to correct or cease activity along with any report prepared by the enforcement official, the notice of appeal and any other materials submitted to the department for use in the appeal hearing. Copies of such materials shall be provided to the city attorney and the appellant if they have not previously been provided as shown in the city’s file. (Ord. 433 § 1, 2010)