19.73.120 Appeal Procedure – Administrative Enforcement.
Appeals of administrative enforcement actions pursuant to Chapter 1.20 of the George Municipal Code or any other chapter which adopts the process of that Chapter by reference shall be commenced pursuant to the procedures of this section and not section 19.73.110.
A. Written Appeal. Appeals shall be written and shall include the following:
1. The date of, the name of the person subject to and the address of the property or the location subject to the Notice of Violation and Order to Correct or Cease Activity from which the appeal is being taken.
2. The name and mailing address of the person appealing.
3. A brief statement of the specific action being appealed, together with any material facts claimed to support the contentions of the appellant.
4. A brief statement of the relief sought and the reasons why it is claimed the Notice of Violation and Order to Correct or Cease Activity was improperly issued.
5. The appeal fee established pursuant to Section 19.73.100.
B. Filing the Appeal. The appellant shall file an appeal with the Clerk-Treasurer within ten (10) days after the date of the decision being appealed.
C. Rejection of Appeal. If an appeal is not properly filed because one (1) or more of the required materials set forth in this section has not been submitted to the Clerk-Treasurer within the time limit established in this section, the Clerk-Treasurer has the authority to reject the appeal. In such instances, the Clerk-Treasurer shall inform the appellant in writing that the appeal has been rejected and include an explanation of its deficiency(ies).
D. Stay of Proceedings. If an appeal is properly filed within the time limit, the Notice of Violation and Order to Correct or Cease Activity shall be suspended, and no further enforcement action shall be taken unless the city files for accelerated review of the appeal because of an emergency situation. In the event a request for accelerated review is received, the Examiner will conduct a preliminary hearing to determine the hearing schedule and to enter any temporary order to protect the general welfare of the citizens of the City if deemed necessary.
E. Department Action. If an appeal is properly filed within the time limit, the Clerk-Treasurer shall:
1. Set the hearing on the appeal for a date that is within ninety (90) days of the date the appeal was filed.
2. Mail notice of hearing to the address provided by the appellant in the notice of appeal. The notice of hearing shall be mailed at least ten (10) days prior to the date of the hearing.
3. Provide the Examiner with the Notice of Violation and Order to Correct or Cease Activity, along with any report prepared by the enforcement official, the notice of appeal and any other materials submitted for use in the appeal hearing. Copies of such materials shall be provided to the City Attorney and the appellant if they have not previously been provided as shown in the City’s file.