§ 14-114. Appeal.

(a)

Legal rights, duties or privileges . Any person whose legal rights, duties, or privileges are determined by the city pursuant to this chapter or a rule promulgated pursuant to this chapter, and who is aggrieved by the city's determination, may appeal to the stormwater appeals board for relief of that grievance. An appeal shall be made according to the procedure set forth in this chapter.

(b)

Stormwater appeals board. The stormwater appeals board shall consist of the director of the department of public works; the city administrator; and the city engineer; or their designees. Meetings of the stormwater appeals board shall be in person and shall be open to all interested parties.

(c)

Appeal procedure . An appeal shall be in writing, shall be addressed to the stormwater appeals board, care of the department of public works, and shall be received within 20 days of the decision or act that is the subject of the appeal. The appeal shall be made in triplicate, shall set forth the specific act or matter complained of and in dispute, and shall include all documentation that supports the appellant's position. The appellant may be required to post a fee at the time of filing to cover the cost of processing the appeal.

(d)

Written appeal. Within 30 days of receipt of a written appeal, the department of public works shall acknowledge such receipt in writing, and shall set a day and time for an appellate hearing to be conducted in accordance with subsection (f) of this section. If appropriate, the department of public works may schedule a conciliation meeting with the appellant in accordance with subsection (c) of this section.

(e)

Conciliation meeting.

(1)

The purpose of a conciliation meeting is to attempt to resolve the matter before an appeal is forwarded to the stormwater appeals board. If a conciliation meeting is held, it shall occur as soon as practicable, at the mutual convenience of the parties. Conciliation meetings shall be open to all interested parties and their representatives.

(2)

After a conciliation meeting, if the appellant or the department of public works determines that an appeal cannot be resolved through a conciliation meeting, the parties shall so inform the stormwater appeals board in writing, and an appellate hearing shall be conducted in accordance with subsection (f) of this section. Additional conciliation meetings shall not be necessary.

(3)

If the department of public works and the appellant determine that the subject of the appeal has been satisfactorily resolved through the conciliation meeting process or otherwise, the agreement shall be incorporated into a consent agreement pursuant to section 14-146.

(f)

Hearing procedure.

(1)

A notice shall be sent to the appellant at least ten days prior to the hearing. The notice shall include:

a.

A statement of the date, time, place, and nature of the hearing;

b.

A statement of the legal authority and jurisdiction under which the hearing will be held;

c.

A reference to the particular sections of this article involved in the appeal;

d.

A short statement of the issues involved.

(2)

At the hearing, the stormwater appeals board shall receive testimony and evidence provided by the appellant, the city and/or others as the stormwater appeals board deems necessary. During the hearing, the stormwater appeals board shall not be bound strictly by the rules of evidence that would apply in a court, but shall have the authority to receive such evidence as deemed relevant and material. The stormwater appeals board may give the evidence as is received such weight and probative value as, in the board's discretion, is deemed proper.

(3)

Within 30 days after the hearing, the stormwater appeals board shall render a decision in writing. This 30-day period may be extended for good cause. The decision shall include a brief statement of factual matters at issue, the nature of the testimony and evidence received, and a decision as to whether the board affirmed, rescinded, or modified the decision or action at issue.

(4)

The decision of the stormwater appeals board shall be final and enforceable at law. A person aggrieved by a final decision of the stormwater appeals board may seek judicial review of the decision by the county circuit court. A petition for judicial review shall be filed not later than 60 days following the receipt of the final decision of the stormwater appeals board. An aggrieved person shall exhaust all administrative remedies provided in this article before seeking judicial review.

(Ord. No. 295, §§ 10.1, 10.2, 3-24-2003)