§ 3-6-302. PROCEDURE FOR FILING.

(a)

Procedural requirements to be satisfied. The Board of Appeals may not hear an appeal unless each of the procedural requirements in this section is satisfied.

(b)

Notice of appeal filed with the Code Official. The notice of appeal and a petition shall be filed with the Code Official or the Director, who shall forward the file to the Board of Appeals.

(c)

Contents of the petition. The violator shall file a petition with the notice of appeal setting forth with reasonable particularity the grounds for the appeal, including:

(1)

The error committed by the Hearing Officer in issuing the final order;

(2)

The relief sought; and

(3)

The reasons why the relief sought should be granted.

(d)

Fee and security.

(1)

A $150 filing fee shall accompany the notice of appeal and petition.

(2)

(i)

If the final order includes a civil penalty, the violator shall post security in the amount of the civil penalty with the Code Official or the Director in a form acceptable to the Code Official or the Director.

(ii)

The Code Official or the Director shall transmit the security to the Office of Budget and Finance.

(3)

(i)

After all appeals are exhausted, if the civil penalty is reduced or vacated:

1.

The security shall be reduced proportionately;

2.

Any surplus shall be returned to the violator; and

3.

The balance shall be used to satisfy the civil penalty.

(ii)

If the civil penalty is not reduced or vacated, the security shall satisfy the penalty assessed and accrue to the benefit of the county.

(1988 Code, § 1-7) (Bill No. 39-97, § 1, 6-6-1997; Bill No. 31-99, § 3, 7-1-2004; Bill No. 80-01, § 1, 11-23-2001; Bill No. 70-03, § 43, 7-1-2004; Bill No. 82-06, § 3, 8-24-2006)