§ 58-40. Appeals.

(a)

The owner of any lot receiving a violation notice may appeal the decision of the zoning enforcement official that a violation has occurred or that a nuisance exists, by paying a $100.00 appeals fee and filing with the zoning enforcement official a written request that the county council hold a hearing to determine whether the condition alleged in the violation notice exists.

(b)

The 15-day correction period shall be tolled during the pendency of the appeal to county council.

(c)

Failure of the record owner to timely appeal or timely appear for the county council appeals hearing shall be deemed a waiver of any right to appeal the decision of the zoning enforcement official.

(d)

The zoning enforcement official shall provide the record owner with written notice of the scheduled date and location of the county council appeals hearing.

(e)

At the county council appeals hearing, the zoning enforcement official and the record owner may introduce such evidence as is deemed relevant and necessary, and county council shall render a decision on the appeal.

(f)

The appeals fee shall be refunded to the applicant if the council rules that the lot was not in violation of this article or was not a nuisance at the time inspected by the zoning enforcement official.

(g)

Following review by the county council, or waiver of the right to appeal, the record owner shall have exhausted his/her administrative remedies.

(Ord. No. 86-35, § 107, 12-18-86; Ord. No. 91-5, § VI, 4-18-91; Ord. No. 2005-18, § 1, 11-3-05)