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ENB-18.14 - Reviews & Appeals

REVIEWS & APPEALS
Administrative Rule Adopted by Office of Neighborhood Involvement
ARB-ENB-18.14

 
Definition:
A review of all aspects of a nuisance, disabled vehicle or housing case to determine if Title 29 Property Maintenance Code is followed, and NIT internal policies and procedures were consistently applied. The property owner may appeal the review determination to the Code Hearings Office.
 
Policy: Review
Administrative reviews are granted on properties that have enforcement actions taken by Neighborhood Inspections with regard to Title 29. The property owner or their authorized representative must submit review requests in writing. The person requesting the review may be given the opportunity to provide evidence in-person.
 
A review panel, which is made up of administrative and inspection staff, review the case for accuracy. The panel makes a determination based on case information and using criteria set by current policy. A determination letter is written and mailed to the person(s) that attended or applied for the review. In Disabled Vehicle cases the determination letter is mailed to the property owner, the person who requested the review, and the person attending the review.
 
There are three basic types of reviews each with specific qualifying criteria.
 
A. Do Violations Exist
This type of review is requested prior to the City taking any action beyond notification. The time frame for accepting this request is specific to case type:
  • Nuisance received within 15 days of notification
  • Disabled Vehicles received within 15 days of notification
  • Housing received within 30 days of notification
B. Lien Assessment Against the Property
The property owner has 15 business days from the date of an assessment to request a timely review. The review may be for:
  • Housing Code Enforcement Fine: Monthly fines assessed against the property if the case remains open past the original notice deadline.
  • Housing Re-Occupancy Fine: Assessed if the property is re-occupied without prior approval after a Notice of Violation.
  • Nuisance Abatement: Assessed for the abatement of a nuisance at the property by the City.
  • Disabled Vehicle Abatement: Assessed for the abatement of a disabled vehicle at the property by the City.
C. Waiver Approval or Denial
This type of review must be submitted within 15 days of a determination to grant or deny a waiver application.
Policy: Appeals
When an administrative review determination has been made regarding a housing, disabled vehicle or nuisance case the respondent has the right to appeal that decision to the Code Hearings Officer.
 
The appeal must be submitted in writing to Neighborhood Inspections and will be processed as provided in Chapter 22.10 and the policies and procedures of the Code Hearings Office.

 
HISTORY
Previously published as ONI Policy Number E-50-2.
Effective September 1, 2004
Filed for inclusion in PPD September 30, 2004