§ 67. Administrative procedures/appeals.

(a)

Appeals may be taken by any person aggrieved by any determination of an office of code compliance administrative official, by filing with the official from whom the appeal is taken, and with the director of the office of code compliance, a notice of appeal specifying the grounds thereof and all documentation in support thereof, within 30 days after the determination appealed from was taken.

(b)

An appeal stays all legal proceedings in furtherance of the action appealed from unless the official from whom the appeal is taken certifies to the director, after notice of appeal shall have been filed with him or her, that by reasons of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such a case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the director or a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

(c)

The director shall review the appeal and any documentation submitted in support of opposition to the appeal and shall rule on the appeal within 30 days of appeal. An appeal shall be sustained upon an expressed finding by the director that the administrative official's action was based on an erroneous finding of a material fact, or that he or she acted in an arbitrary manner. In exercising his or her powers, the director may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and to that end shall have all the powers of the administrative official from whom the appeal was taken and may order the registration, or not, or removal, or not, from the registry provided all requirements imposed by the applicable laws other than these are met.

(d)

Any person aggrieved by a decision of the director may appeal from such decision to the City of Atlanta Municipal Court, subject to applicable jurisdictional requirements, by filing with the clerk of said court a petition in writing setting forth plainly, fully and distinctly wherein such decision is contrary to law. Such appeal shall be filed within 30 days after decision of the director is rendered.

(Ord. No. 2012-29(12-O-0842), § 1, 6-27-12, eff. 7-1-12)