§ 30-18. Request for rehearing and appeals.

(a)

Either the city or the violator may request a rehearing of the decision of the special magistrate or of a code enforcement board. A request for rehearing will be made, in writing, and will be filed with the city clerk within ten business days of the execution of the order. A request for rehearing will be based only on the grounds that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law that was fundamental to the decision of the special magistrate or the code enforcement board. The written request for rehearing will specify the precise reasons therefore. The special magistrate or a code enforcement board will make a determination as to whether or not to rehear the matter and the decision will be made at a public hearing. If the special magistrate or the code enforcement board determines that a rehearing will be granted, pursuant to same the following may occur:

(1)

Schedule a hearing where the parties will be given the opportunity to present evidence or argument limited to the specific reasons for which the rehearing was granted; or

(2)

Modify or reverse the prior order, without receiving further evidence, providing the change is based on a finding that the prior decision of the special magistrate or code enforcement board resulted from a ruling on a question of law which the special magistrate or code enforcement board has been informed was an erroneous ruling.

Until a request for rehearing has been denied or otherwise disposed of, the order of the special magistrate or code enforcement board will be stayed and the time for taking an appeal, pursuant to this section, will not commence to run until the date upon which the special magistrate or code enforcement board has finally disposed of the request for rehearing by denying the same, or otherwise.

(b)

An aggrieved party, including the city commission, may appeal a final order of the special magistrate or the code enforcement board to the circuit court. Such an appeal will be limited to appellate review of the record created before the special magistrate or the code enforcement board and will not be a hearing de novo. An appeal must be filed within 30 days of the special magistrate's or code enforcement board's execution of the order being appealed. A copy of the notice of appeal must be provided to the special magistrate or code enforcement board and the city manager.

(Ord. No. 1583, § 3, 10-2-2014)