(A0416-06)
(a) 
Any person issued a citation or named in a notice and order to correct or cease and desist order and any owner of the land where the violation for which a citation, notice and order to correct or cease and desist order is issued occurred and any complainant who is an aggrieved person and requests to be kept advised may file a notice of appeal of a citation, notice and order to correct, cease and desist order, determination to enter into a voluntary compliance agreement or a determination not to issue a citation or order within fourteen days of the service of the citation, notice and order to correct or cease and desist order with the issuing department.
(b) 
If a notice of appeal has been filed within the time period provided herein, the appellant shall file a statement of appeal within twenty-one days of the service of the citation, notice and order to correct or cease and desist order with the issuing department.
(c) 
Any person named in a citation may appeal the citation by signing the citation, indicating on the citation that a hearing is requested, and returning the citation to the issuing agency or department within fourteen days of its service.
(A0416-06)
(a) 
The appeal hearing shall be conducted as provided for by rules promulgated under this section, except that where specific provisions in this chapter conflict with those rules, the provisions of this chapter shall govern.
(b) 
Enforcement of any notice and order to correct of a director issued pursuant to this chapter shall be stayed as to the appealing party during the pending of any administrative appeal under this chapter, except when a director determines that the violation poses a significant threat of immediate and/or irreparable harm and so states in any notice and order to correct issued.
(c) 
Enforcement of any cease and desist order of a director issued pursuant to this chapter shall not be stayed during the pending of any administrative appeal under this chapter.
(d) 
When multiple citations, cease and desist orders, or notices and orders have been issued simultaneously for any set of facts constituting a violation, only one appeal of all the enforcement actions shall be allowed.
(A0416-06)
(a) 
Following review of the evidence submitted, the hearing examiner shall make written findings and conclusions and shall affirm or modify the citation, notice and order to correct or cease and desist order previously issued if the examiner finds that a violation has occurred. The examiner shall uphold the appeal and reverse the citation or order if the examiner finds that no violation has occurred.
(b) 
If an owner of property where a violation has occurred has affirmatively demonstrated that the violation was caused by another person or entity not the agent of the property owner and without the property owner’s knowledge or consent, such property owner shall be responsible only for abatement of the violation. Strict compliance with permit requirements may be waived regarding the performance of such an abatement in order to avoid doing substantial injustice to a non-culpable property owner.
(c) 
The hearing examiner’s final order shall be final and conclusive unless proceedings for review of the decision are properly commenced in superior court within the time period specified by state law.
(d) 
A final order by the hearing examiner affirming or reinstating a citation, notice and order to correct or cease and desist order renders such citation, notice and order to correct or cease and desist order a final agency order.
(A0416-06)
(a) 
In addition to any other judicial or administrative remedy, the prosecuting attorney on behalf of the City may seek enforcement of a director’s order by filing a petition for enforcement in superior court.
(b) 
The petition must name as respondent each alleged person against whom the director seeks to obtain civil enforcement.
(c) 
A petition for civil enforcement may request monetary relief, declaratory relief, temporary or permanent injunctive relief and other civil remedy provided by law, or any combination of the foregoing.
(A0416-06)
A respondent in a proceeding by petition for enforcement may not assert as a defense any fact or issue that the respondent had an opportunity to assert before the hearing examiner and did not, or upon which the final determination of the hearing examiner was adverse to the respondent.