§ 18-127. Appeal procedures.

(a)

Any owner or agent aggrieved of any determination or decision of the department or the city in the administration of this article may appeal to the municipal court of the city. All appeals hereunder must be taken within 30 days of the decision in question by filing with the department a notice of appeal specifying the grounds thereof.

(b)

The department shall forthwith transmit the notice of appeal and all the papers constituting the record upon which the action appealed was taken to the municipal court clerk who shall schedule an appeal hearing within 60 days following the date the appealing party submits its completed written appeal with subsection (a) above.

(c)

The municipal court judge may call for further information to be provided within the next 35 days following the hearing, and may continue the hearing for the purpose of receiving such information or for such other proceedings and reasons as the municipal court judge deems appropriate.

(d)

An appeal shall stay all proceedings in furtherance of the action appealed from unless the department certifies to the municipal court, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, the proceedings shall not be stayed except by order of the municipal court judge on notice to the department, and on due cause shown.

(e)

The municipal court judge may, in conformity with the provisions of this article, reverse or affirm, in whole or in part, or modify the decision, requirement, or determination of the department appealed from by the owner or agent and may make such decision, requirement, or determination, as may be appropriate under the circumstances.

( Ord. No. 03-2014, § 1(Exh. A), 5-28-14 )