5.50.130 Appeal procedure.

(1)    Appeal Requirements. All appeals to the hearing officer as provided for in this chapter shall be filed in writing with the director or other such agency as the county may designate. All appeals must be filed within ten (10) workdays after the date of any notice or administrative decision or action and such notice, administrative decision or action must so state on its face. The notice or order shall further bear the notation:

Failure to respond to this notice of violation by timely payment of civil violation or by compliance with any order, or by timely appeal of the notice, is a misdemeanor punishable by a fine of not to exceed $1,000.00 and/or jail term not to exceed one (1) year.

(2)    Required Information. All appeals to the hearing officer shall contain the following:

(a)    The name(s) of all parties participating in the appeal.

(b)    A brief statement setting forth the action protested and reasons why it is claimed such protested action should be reversed, modified or otherwise set aside.

(c)    The signatures of all parties named and telephone numbers and mailing addresses.

(d)    Verification (by declaration of the penalty or perjury) of at least one (1) of the appellants of the truth of the matter stated in the appeal.

(e)    Upon receiving the appeal, the director shall transmit the same to the hearing officer as provided herein.

(f)    The failure of any person to file a timely appeal, or failure of any person who has filed an appeal to attend a scheduled hearing, shall constitute a waiver of his or her right to an appeal hearing.

(g)    Filing of an appeal shall stay the enforcement of any notice of civil violation or other action during the pendency of such appeal except as otherwise provided.

(h)    A copy of the final order of the hearing officer shall be mailed to the appealing party within three (3) weekdays following the entry of a written order under this section. Unless otherwise stated in the order, this order shall be final and conclusive ten (10) days from the date of mailing thereof, unless any party of record makes application to a court of competent jurisdiction for judicial review and stay of enforcement. (Sec. 3 of Ord. 2010-01-07)