§ 38-99. Appeals.

(a)

Within the ten-day period prescribed by subsection 38-98 after notice is received, an aggrieved party may appeal the code enforcement division manager's determination that a notice of violation is warranted for the property in question pursuant to subsection 38-98(a), or that the property did not contain a condition authorizing immediate termination and abatement, pursuant to subsection 38-98 (b) and (c).

(b)

An appeal by an aggrieved party shall:

(1)

Be accompanied by a filing fee as determined by the board of city commissioners; and

(2)

Be addressed to the code enforcement division manager; and

(3)

Be either hand-delivered to the code enforcement division manager or postmarked within the ten-day period after notice is received.

(c)

Upon receipt of a timely appeal, the code enforcement manager shall schedule a hearing date before the code enforcement board.

(d)

At the hearing, the code enforcement board shall allow the code enforcement division manager or designee(s) and the aggrieved party an opportunity to present evidence and to examine and cross-examine witnesses. After considering the evidence and testimony, the hearing Inspector or code enforcement board shall make a factual determination as to whether the property is (or was, with respect to subsection 38-98 in violation of this article. If the hearing Inspector or code enforcement board makes a factual determination that the property is (or was) in violation of this article, he shall affirm the code enforcement division manager's issuance of the notice of violation and, with respect to an appeal brought under subsections 38-98(a), (b) or (c), issue an order requiring the aggrieved party to promptly clean the property in order to terminate or abate the violation, or, with respect to an appeal filed under subsection 38-98(b) or (c) issue an order holding that the conditions allowed its immediate termination or abatement. If the aggrieved party has not remedied the violation within five calendar days after the date of the code enforcement board's written order holding that this article has been violated, then the code enforcement division manager may have the property cleaned, and the property owner shall be responsible for such costs and related expenses. If the code enforcement board makes a factual determination that the property is not (or was not, with respect to subsection 38-98(b) or (c) in violation of this division, then the filing fee shall be returned to the aggrieved party, and, with respect to an appeal filed under subsection 38-98(b) or (c) the city shall be responsible for the costs of cleaning the property.

(e)

Appeal of the code enforcement board decision, whether it is a first or subsequent offense, or an imminent health threat, shall be filed in a timely manner with the circuit court under the provisions of section 2-70 of the Winter Garden Code.

(Ord. No. 08-06, § 2, 1-10-08; Ord. No. 09-01, § 2, 1-5-09)