A. An owner or responsible party who is not or was not a party to a pending or adjudicated court proceeding involving a request for court ordered abatement of the violation (hereinafter, the "appellant") may appeal a notice of violation to the Board, when it is claimed that:

B. An owner or responsible party whose relationship with the property existed at the time of the recording of the assessment, and who is not or was not a party to a court proceeding which has established or may establish the amount of an assessment, may appeal the amount of the assessment for abatement to the Board.

C. The appellant shall prepare the appeal in a written application for appeal. The application shall specify which of the grounds for appeal set forth above form the basis of the appeal, together with any facts supporting the grounds for appeal, and the relief sought. In the event the appeal is based upon the schedule for correcting the violation, the appellant shall attach to the application for appeal a plan and timetable for completion of correction of the violation(s). The plan and timetable shall be in the form and in such detail as the Board may determine.

D. The application for appeal shall be accompanied by a fee of twenty-five dollars, except that if the appeal is made by an owner/occupant of a single-family residence in violation, the fee shall be ten dollars. The fee shall be deposited in the general fund of the City. In case of financial hardship, upon request made to the Board chairperson, the fee may be suspended until the decision on the appeal is made by the Board. The Board may also decide whether to invoke or waive the fee. If the appellant can demonstrate that the City erred in citing the property, the fee shall be waived.

E. The application for appeal shall also contain the appellant’s mailing address to which the decision of the Board may be mailed.

F. The application for appeal of a notice of violation must be filed with the Director or designee within the same time period set for compliance in the notice of violation. The application for appeal of an assessment amount must be filed with the Director within thirty days of receipt of notice or of constructive knowledge of the assessment amount.

G. The timely filing of an appeal shall act as an automatic stay of enforcement of the notice of violation until the appeal is finally determined by the Board.

H. The hearing of an appeal shall be held by the Board after notice has been given to the appellant. If notice is by personal service or by certified mail that was sent more than fifteen days before the scheduled hearing, and the record shows that the notice was received less than five days before the hearing, the appellant shall, upon request, receive a resetting of the hearing. Written notice of the rescheduled hearing may be given to persons in attendance at that time. If notice is by publication, the final publication must be at least five days before the hearing. A public notice stating the date and time of the hearing and violations, shall also be posted at the property fifteen days prior to the hearing.

I. Failure of a person entitled to appeal under this ordinance to file an appeal shall constitute a waiver of the right to a hearing of the appeal before the Board and such person shall be estopped to deny the validity of any order or action of the City which could have been timely appealed.

J. Once the decision of the Board has been rendered, a party may apply to Superior Court for relief in accordance with the Arizona Rules of Procedure for Special Actions. In the absence of a court order, the filing of a special action will not stay enforcement. (Ord. No. G-3859, § 3; Ord. No. G-3946, § 4, 1996; Ord. No. G-6008, 2015)