§ 30-86. Same—Duties.

(a)

The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the public works director or floodplain administrator in the enforcement or administration of this article.

(b)

Any person aggrieved by any action of decision of the director of public works or floodplain administrator may appeal that decision by filing a written notice of appeal within 15 days after the date of the board action or decision. This notice shall set forth concisely the action or decision appealed and the reasons or grounds for the appeal.

(c)

The city clerk, or his or her designee, shall serve as the clerk of the board. Upon receipt of a timely filed appeal, the clerk of the board shall set such appeal for hearing at the earliest possible date, and cause notice thereof to be served upon the appellant and the director of public works. The board shall hear and consider all facts material to the appeal and render a decision promptly. The decision shall be in writing and shall be promptly mailed to the appellant. The board may affirm, reverse or modify the action of decision appealed, provided that the board shall not take any action, which conflicts with or nullifies any of the provisions of this article. The words "action" and "decision" as used in the subsection shall not include the filing of any action by the city in any court.

(d)

The board shall not have jurisdiction to reconsider the subject matter of any appeal after its' final determination unless the board determines that:

(1)

There has been a material and substantial change in the circumstances;

(2)

There is newly discovered evidence that could not have been discovered through the use of due diligence prior to the original hearing and that will probably change the result if a re-hearing is granted; or

(3)

The board has overlooked or failed to consider something that renders the decision issued erroneous.

The director of public works or floodplain administrator may reconsider at any time any action or decision taken by him/her, and therefore may modify such an action or decision.

(e)

The decision of the board shall constitute final administrative review, and no hearing or reconsideration shall be considered except as provided in subsection (d) of this section.

(Ord. No. 2009-20-192, § 2(art. VI, § B), 9-8-2009; Ord. No. 2011-22-264, § 5, 10-5-2011)