§ 26-78. Appeals.

(a)

Within the fifteen-day period prescribed by subsection 26-77(a) after notice is received, an aggrieved party may appeal the zoning director's determination that a notice of violation is warranted for the property in question.

(b)

An appeal by an aggrieved party:

(1)

Shall be accompanied by a filing fee as determined by the board of county commissioners; and

(2)

Shall be addressed to the zoning director, and

(3)

Shall be either hand-delivered to the zoning director or postmarked within the fifteen-day period after notice is received.

(c)

Upon receipt of a timely appeal, the zoning director shall schedule a hearing date before a hearing officer. The board of county commissioners shall contract with and utilize one (1) or more of the hearing officers appointed pursuant to subsection 30-387(a) of this Code to hold appeal hearings regarding a notice of violation issued pursuant to this article as the need arises.

(d)

In the utilization of the hearing officer(s) under this article, subsections 30-387 (b) through (e) and (g), pertaining, respectively to term and compensation, ex parte communication, hearing officer prohibition from acting as an agent or attorney for subject matter, hearing procedures, and filing of a decision, shall generally be applicable.

(e)

At the hearing, the hearing officer shall allow the zoning director or his designee(s) and the aggrieved party an opportunity to present evidence and to examine and cross-examine witnesses. After considering the evidence and testimony, the hearing officer shall make a factual determination as to whether the property is graffiti nuisance property in violation of this article. If the hearing officer makes a factual determination that the property is graffiti nuisance property in violation of this article, he shall affirm the zoning director's issuance of the notice of violation and issue an order stating that the graffiti is to be removed immediately by the aggrieved party. If the graffiti has not been removed by the aggrieved party within five (5) calendar days after the date of the hearing officer's written order holding that this article has been violated, then the zoning director may have the graffiti removed. If the hearing officer makes a factual determination that the property is not in violation of this article, then the filing fee as set forth in subsection (b)(1) above shall be returned to the aggrieved party.

(f)

Any appeal from a hearing officer's decision shall first go to the board of county commissioners and then may proceed to circuit court. Such an appeal shall generally follow the procedure set forth in section 30-388 of this Code, with references to "an application for a vested right certificate" in this instance interpreted to mean "a notice of violation issued pursuant to section 26-77." Further, the last sentence of subsection 30-388(a)(3) is specifically not applicable to proceedings under this article. An appeal from a hearing officer's decision shall stay all actions directed by such decision until the appeal is fully resolved.

(Ord. No. 98-05, § 3, 2-17-98)