§ 82-235. Administrative review of decisions.

(a)

Action on appeals. In order that the provisions of this division may be reasonably applied and substantial justice done in instances where unnecessary hardship would result, the city manager of he city shall act on appeals. The duty of the city manager instance shall be to consider appeals from final decisions of the superintendent and to determine, in particular cases, whether any deviation from strict compliance will violate the purposes and intent of this division, or endanger public health, safety, or welfare, the environment, or the POTW.

(b)

Informal hearing.

(1)

An informal hearing before the superintendent may be requested in writing by any user that deems itself aggrieved by any citation, order, charge, fee, surcharge, penalty, fine or other action. The request for an informal hearing shall be made within ten days after the date of the order, charge, fee, surcharge, penalty, fine or action. The request for an informal hearing shall state the reasons for the request and shall include all supporting documents and dates.

(2)

The informal hearing shall be scheduled at the earliest practicable date, but no later than five days after receipt of the request, unless the five-day time period is extended by mutual written agreement of the aggrieved party and the superintendent.

(3)

The hearing shall be conducted on an informal basis at city hall or at another location designated by the superintendent.

(c)

Formal hearing: appeal.

(1)

An appeal from any action of the superintendent (including any order, decision, determination, citation, charge, fee, surcharge, penalty, fine or other action) may be made to the city manager, acting on appeals, within 30 days from the date of the action. The appeal may be taken by any person aggrieved by the action. The appellant shall file a notice of appeal with the superintendent and the city manager. The notice of appeal shall specify the grounds for the appeal. Failure to file a timely notice of appeal shall be deemed to be a waiver of the appeal.

(2)

Prior to a formal hearing regarding an appeal, the superintendent shall transmit to the city manager a written summary of all previous action taken in connection with the action being appealed. The city manager may, at his discretion, request the superintendent to provide further information regarding the action which is the subject of the appeal.

(3)

The city manager shall fix a reasonable time for the hearing of the appeal, shall give due notice of the appeal to interested parties, and shall decide the appeal within a reasonable time.

(4)

Within the limits of its jurisdiction, the city manager may reverse or affirm, in whole or in part, the action appealed from, or may make any order, requirement, decision or determination as, in his opinion, ought to be made in the case under consideration.

(5)

The final disposition of the appeal shall be in the form of a resolution by the city manager, either reversing, modifying, or affirming, in whole or in part, the action of the superintendent.

(6)

There shall be a fixed place of meeting and all meetings shall be open to the public in accordance with applicable laws. The times of such meetings shall be set as necessity dictates. The city manager shall keep a record of the proceedings, setting forth findings of fact, and the action taken. The city manager may prescribe the sending of notice to any persons it deems to be interested in a public hearing or meeting held for appeal purposes.

(Ord. No. 346, § 2, 4-22-02)