§ 8.5-5. Appeal of determination of violation.  


Latest version.
  • A person notified of a violation may appeal such determination to the zoning board of adjustment. Such appeal must be filed with the city not later than ten (10) days after the receipt of the first notice issued pursuant to section 8.5-1. Failure to timely file an appeal shall constitute acceptance of the determination that a violation exists. If an appeal is filed, further action by the code enforcement officer shall be suspended until a ruling is issued by the board of adjustment. If the board finds that a violation exists, enforcement under this chapter shall continue despite any further appeals by the violator. The fact that an appeal is filed or pending under this chapter shall not prevent the city from pursuing other enforcement remedies allowed by law and a finding by the zoning board of adjustment that a violation does not exist shall not be binding in any other enforcement proceeding brought by the city against the same violation that the zoning board of adjustment ruled upon.

(Ord. No. 1994-4, § 2, 1-4-94)