§ 62-171. Appeals.

(a)

Within the ten-day period prescribed by subsection 62-170 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 62-170(a), or that the property did not contain a condition authorizing immediate termination and abatement, pursuant to subsection 62-170(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 62-170 in violation of this article. If the magistrate or code enforcement board determines that the property is (or was) in violation of this article, he/she/it shall affirm the code enforcement division manager's issuance of the notice of violation and, with respect to an appeal of action taken pursuant to subsections 62-170(a), (b) or (c), issue an order requiring the aggrieved party to promptly clean the property to terminate or abate the violation, and/or, with respect to an appeal of action taken pursuant to either subsection 62-170(b) or (c), issue an order affirming the existence of conditions warranting immediate termination or abatement of the violation(s). If the aggrieved party has not remedied the violation within five calendar days after the date of the code enforcement board's written order finding one or more violations of this article, then the code enforcement division manager may have the property cleaned and cleared to the extent necessary to remedy the violation, 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) in violation of this article, then the filing fee shall be returned to the aggrieved party, and, if the city has incurred costs in the cleaning and clearing of the property, the city shall bear the responsibility for such costs and reimburse the owner to the extent that the owner has paid the city for same.

(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 in accordance with section 2-70 of the Winter Garden Code.

(Ord. No. 11-21, § 3, 10-13-11)