§ 74-448. Appeal of notice of violation.

(a)

Administrative remedy.

(1)

Prior to any final order to comply with any notice of violation, the alleged violator shall be given the opportunity to appeal any notice of violation issued by the department to the commissioner of watershed management.

(2)

The city acting by and through its commissioner of watershed management shall review the notice of violation, the reasons submitted by the alleged violator for determining such conditions not to be in violation, and shall issue a decision in writing.

(3)

If such decision is to affirm, overturn or modify said notice of violation, the commissioner shall set forth the reasons for doing so.

(b)

Judicial review. Any person aggrieved by such decision, after exhausting his or her administrative remedies, shall have the right to appeal to the Superior Court of the county wherein which such alleged violation occurred or is proposed to occur, for review of such written decision.

(c)

The commissioner of the department of watershed management shall conduct the review process for any notice of violation, as described in this section.

(Ord. No. 2003-75, § 3, 6-24-03)