§ 10-4.1. Appeals.

Anyone who is issued a garbage violation notice for a garbage container violation may appeal that notice in the following manner:

(a)

Written notice of the appeal must be filed with the chief code enforcement officer within ten (10) days following the issuance of the garbage violation notice. The appeal shall state the name and address of the appellant, the date of the violation, and the reason why, in the opinion of the appellant, the appealed action should be reversed.

(b)

The appeal will be heard by the chief code enforcement officer or his/her designee within fifteen (15) days following the date of receipt of appeal by the chief code enforcement officer.

(c)

The chief code enforcement officer, or his/her designee, shall issue a written decision of his/her determination.

(d)

In the event that the decision is adverse to the appellant, the appellant may, within thirty (30) days of the issuance of the written decision file a written subsequent appeal with the city manager. The city manager or his/her designee shall consider the written appeal and provide a determination within fifteen (15) days following the date of receipt of subsequent appeal by the city manager. The decision of the city manager shall be deemed final and the exhaustion of the appellant's administrative remedies.

(e)

While the appellate process is pending, no adverse action shall be taken against the appellant if the appellant shall have posted with the city, at the time that the written notice of appeal is filed, a bond equal to the amount of the fine due as claimed by the city.

(Ord. No. 06O-04-126, § 2, 5-8-06)