Chapter 13.10
APPEALS

Sections:

13.10.010    Procedure generally.

13.10.020    Appellant to pay charge pending appeal – Refunds.

13.10.010 Procedure generally.

A. Except as otherwise specifically provided, any person who has a right to appeal as provided in any section of Chapters 13.04, 13.08 and 13.18 CMC or who is dissatisfied with any determination made pursuant to those chapters by the Director of Public Works or Finance may, at any time, within 10 days after such determination, appeal to the City Manager by giving written notice to the City Clerk, setting forth the determination with which such person is dissatisfied.

B. In the event of any such appeal, the appropriate Director shall transmit to the City Manager a report upon the matter appealed.

C. The City Manager shall cause notice to be given, at least 10 days prior to the time fixed for such hearing, to all persons affected by such appeal, of the time and place fixed by the City Manager for hearing such appeal. Such hearing shall be held within 90 days of the timely filing of a written notice in subsection (A) of this section.

D. The City Manager shall direct the City Clerk to mail a written notice, postage prepaid, to all such persons whose addresses are known to the City Manager.

E. Any person may appeal from the City Manager’s decision to the Council by giving written notice of appeal to the City Clerk within 10 days of the City Manager’s decision. (Ord. 604 § 10, 2004).

13.10.020 Appellant to pay charge pending appeal – Refunds.

A. Pending decision upon any appeal relative to the amount of any charge under this chapter, the person making such appeal shall pay such charge.

B. After any appeal is heard, the Director of Finance shall make refund to the person making such appeal such amount, if any, as the City Manager or Council determines should be refunded.

C. Under no circumstances shall a refund be allowed for any amount in dispute regarding a bill if the claim exceeds the period prescribed in Chapter 1.24 CMC. (Ord. 604 § 10, 2004).