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17.39.120 Compliance Cases and Appeals.

(Replaced by Ordinance No. 186192; Amended by Ordinance No. 186902 effective December 26, 2014.)

A.  Reviews and Appeals. A person may request a modification to a BES decision related to this Chapter via an administrative review with BES staff. After the requestor has exhausted all BES program and enforcement program reviews, the requestor may file for an appeal with the Code Hearings Officer per PCC Title 22.

1.  Reviews and appeals of the following may be requested:

a.  The determination of a violation of this Chapter or associated rules.

b.  The type and level of enforcement action taken by BES.

c.  The type and amount of penalty imposed by BES.

d.  Compliance due dates.

e.  A requirement to obtain a permit.

f.  A denial of a permit.

g.  Required remediation actions.

2.  Reviews and appeals may not be requested for:

a.  The amount of cost recovery assessment against the person by BES.

b.  A requirement to meet a technical standard.

c.  Other issues identified in individual program-specific administrative rules.

3.  Appeals to the City Code Hearings Officer. An appellant must pay a filing fee in the amount of the Code Hearing fee as part of the appeal request. If the Code Hearings Officer finds in favor or in partial favor of the appellant, BES will reimburse the appellant for the full amount of the fee, and send a check to the appellant via certified mail.

B.  BES Code Compliance Cases. BES may file a case before the Code Hearings Officer under PCC Title 22 to compel compliance with City regulations. The person committing the violation will be offered the opportunity to present evidence in the case.