§ 8-271. Appeal procedure.  


Latest version.
  • (a)

    Appeals may be taken from an order, a notice of condemnation/order to demolish, or notice of violation/order for securing a structure issued pursuant to this division by any interested party who has been aggrieved, except in emergency cases as set forth in section 8-274. Such party is afforded a right of hearing upon payment of a filing fee of $35.00 and a written request for such hearing filed with the City Clerk within ten days of service of the second notice of violation/order for securing or the posting or publication of the second notice or notice of condemnation/order to demolish required by section 8-267 whichever is later. Failure to affect personal notice shall not prevent the City from performing the demolition or attaching a lien on the property.

    (b)

    A notice of the appeal hearing by a hearing officer shall be published once in a newspaper of general circulation in the City at least ten days prior to the time and place of hearing. When the findings of the hearing officer sustain the POD, the hearing officer may set a new deadline date for compliance or authorize the POD to proceed at the expiration of 30 days to demolish and remove the structure and report the cost to the City Council.

    (c)

    In any hearing before the hearing officer, formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a trial in the courts of the State. Each party shall have the right to be represented by counsel, to call and examine witnesses under oath, to introduce documentary evidence or exhibits, to cross-examine opposing witnesses on any relevant matter even though the matter was not covered under direct examination, to impeach any witness regardless of which party first called him to testify, and to submit rebuttal evidence. Each hearing shall be electronically recorded, the cost of which shall be included in the costs referenced in section 8-280 if a final order of demolition is entered.

    (d)

    The burden of proof by a preponderance of the evidence is upon the City to show that the structure is unfit or unsafe as defined in this chapter. At the hearing, the hearing officer shall affirm, modify, or reverse the findings of the POD that the structure is unfit or unsafe as defined in this chapter. If the hearing officer agrees with the determination of the POD, he or she shall enter a final order approving the demolition.

    (e)

    The hearing officer may grant an extension of time for demolition if at the hearing evidence is presented that families with minor children are residing in the building and that immediate relocation is not possible. However, no such extension of time shall exceed four months. If the hearing officer disagrees with the determination of the POD, he or she shall enter an order reversing the order of demolition. All orders shall be issued in writing and shall contain findings of fact and conclusions of law supporting the decision.

    (f)

    Any person aggrieved by the decision of the hearing officer may seek judicial review in accordance with the State appellate rules or other applicable law.

    (g)

    As used in this section and in section 8-272, "interested party" means a person who possesses a present legal right of present or future enjoyment of the property by virtue of a deed, title, mortgage, fully executed contract for purchase, lien on or estate in the property, judgment of court, being a named beneficiary in a will or trust of a deceased owner (or the legal spouse of the property owner).

(Code 1992, § 8-374; Ord. No. 219-G, § 1, 1-4-1996; Ord. No. 469-G, § 3, 3-15-2001; Ord. No. 57-H, § 4, 12-6-2012)