Ordinance 2006-267 - Laserfiche WebLink

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(A) An aggricved party. including thc City. may appeal a linal ordcr ofa Special Master to the circuit court. Such an appcaj shall not be a hearing de novo but shall be limitcd to appellate review ofthc record created bcll)re the Special Master. An appeal shall be filed within thirty (3D) calendar days of the issuance of the order sought to be overturncd. Failure to make such appeal within the prescribed thirty (3D) day period shall render thc findings of the Special Master conclusive, binding and final. (8) Unlcss the t1ndings of the Spccial Master are ovcrturncd. said t1ndings ofthc Special Master shall be admissible in any procceding to collect unpaid penalties. (C) No aggrieved party other than the City may apply to the court for relief unless such party has first exhaustcd the remedies providcd for in this Ordinance and has taken all available steps provided in this Ordinance. It is the intention of the City that all steps provided by this Ordinance shall bc taken before any application is madc to the court lor relief: and no application shall be made by any aggricved party other than the City to a court for relief except li'om an order issued by a Special Mastcr pursuant to this Chapter. It is the intcntion of the City that. notwithstanding anything in this Ordinance to the contrary. thc City shall retain all rights and remedies otherwise availablc to it to securc compliancc with or prevent violations of the Code. For purposes of an appeal. the Clcrk shall make available. for public inspection and copying. the record upon which each final order of a Special Master is bascd. The Clerk shall make a reasonable charge commcnsurate with the cost for thc preparation of the official record on appeal and transmittal thereof to the circuit court for making certified copies of any record or portion thercof. Section 13. Rehearin~. Upon a filing ofa petition for re-hcaring by a Violator or by the City. a Special Master may rehear a case: (I) To take additional testimony or issue a new order. The petition must be liIed with the City Clerk and must demonstrate that thcrc is ncwly discovered cvidence which could not havc bccn discovered through the use of due diligence prior to the original hcaring and which will probably change thc result if a re-hearing is grantcd, or (2) The Special Mastcr has overlookcd or failed to consider something that renders the order issued crroneous. Each petition for re-hearing must bc Iiled within tcn (ID) days of the filing of the last ordcr issued in the case. Section 14. Recoverv of Unpaid Civil Penalties. Unpaid Penalties to Constitute a Lien: Foreclosure. (A) A certified copy of an order imposing a civil pcnalty shall bc recordcd in the public records and thereafter shall constitute a lien against the property on which the violation cxists and upon any other rcal or personal propcrty owned by the Violator; upon petition to the circuit court. such order may be entorced in the same manner as a court judgment by the sheriffs of this ()rdilunCl .\mnldin,l: {:'l,k ]':nf"rrUlllnl, (:h.lpllr 1.1 1 ()