§ 28-39. Appeals.

(a)

Within the fifteen-day period prescribed by subsection 28-38(a)(1) after notice is received, an aggrieved party may appeal the code enforcement division manager's determination that a notice of violation is warranted for the property in question (see subsection 28-38(a) or that the property did not contain a condition which posed an imminent public health threat (see subsection 28-38(c)).

(b)

An appeal by an aggrieved party shall:

(1)

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

(2)

Be addressed to the code enforcement division manager; and

(3)

Be either hand-delivered to the code enforcement division manager or postmarked within the fifteen-day period after notice is received.

(c)

Upon receipt of a timely appeal, the code enforcement manager shall schedule a hearing date before the code enforcement board or code enforcement special magistrate or special master (hereinafter "hearing officer"). The board of county commissioners shall contract with and utilize one (1) or more of the hearing officers appointed pursuant to chapter 11, Orange County Code, to hold appeal hearings regarding a notice of violation issued pursuant to this article as the need arises.

(d)

At the hearing, the hearing officer or code enforcement board shall allow the code enforcement division manager 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 or code enforcement board shall make a factual determination as to whether the property is (or was, with respect to subsection 28-38(c)) in violation of this article. If the hearing officer or code enforcement board makes a factual determination that the property is (or was) in violation of this article, he shall affirm the code enforcement division manager's issuance of the notice of violation and, with respect to an appeal brought under subsections 28-38(a) and (b), issue an order requiring the aggrieved party to promptly clean the property in order to terminate or abate the violation, or, with respect to an appeal filed under subsection 28-38(c) issue an order holding that the conditions constituted an immediate public health threat requiring its immediate termination or abatement. If the aggrieved party has not remedied the violation within five (5) calendar days after the date of the hearing officer or code enforcement board's written order holding that this article has been violated, then the code enforcement division manager may have the property cleaned, and the property owner shall be responsible for such costs and related expenses. If the hearing officer or code enforcement board makes a factual determination that the property is not (or was not, with respect to subsection 28-38(c)), in violation of this article, then the filing fee shall be returned to the aggrieved party, and, with respect to an appeal filed under subsection 28-38(c), the county shall be responsible for the costs of cleaning the property.

(e)

Appeal of hearing officer or code enforcement board decision, whether it is a first or subsequent offense, or an imminent health threat, shall be filed in a timely manner with the circuit court under the provisions of section 11-40, Orange County Code.

(Code 1965, § 16-34; Ord. No. 89-11, § 1(16), 8-7-89; Ord. No. 93-07, § 7, 4-6-93; Ord. No. 98-17, § 8, 8-11-98; Ord. No. 2005-10 , § 12, 8-30-05)