4.410 Appeal, Penalties

  1. Any owner dissatisfied with any action of the Planning and Development Department, Code Compliance Department, or Building Official relating to the enforcement of the district guidelines shall have the right to appeal to the City Council within ten (10) days after receipt of notification of such action, by filing a written notice of such appeal with the City Secretary and the Planning and Development Department.  Such appeal shall be a de novo hearing concerning the matter in question.  The City Council shall schedule a hearing on such appeal within thirty (30) days after receipt of the notice of appeal, or as soon thereafter, as is reasonably practicable.  Notice of such hearing shall be published by the City Secretary in the city’s official newspaper not less than the 15th day before the date of the hearing.  Written notice shall be given to all property owners within the Conservation District no later than ten (10) days before the date set for the hearing by depositing the same in the United States Mail.  At the hearing, the owner and all interested parties will have the opportunity to be heard.  The City Council shall uphold, reverse, or modify the decision of the Planning and Development Department or Building Official within thirty (30) days of the appeal hearing unless the owner agrees to a continuance.
  2. Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with the provisions of this Article shall be fined not more than $2,000.00 for each offense.  Each day that a violation is permitted to exist shall constitute a separate offense.
  3. The provisions of this section shall apply in addition to other enforcement procedures or penalties, which are available at law or in equity.