Chapter 13.09 STORM SEWER SYSTEM DISCHARGE REGULATIONS
Section 13.09.100 Appeal.
1. Administrative decisions by City staff and enforcement actions
of the enforcement officer
may be appealed by the applicant to the City Manager or his designee pursuant to the following
rules:
a. The appeal must be filed in writing
with the city clerk within five business days of the
decision or enforcement action.
b. The written appeal shall specify
in detail the action appealed from, the errors allegedly
made by the enforcement officer giving rise to the appeal, a written summary of all oral and
written testimony the applicant intends to introduce at the hearing, including the names and
addresses of all witnesses the applicant intends to call, copies of all documents the applicant
intends to introduce at the hearing, and the relief requested.
c. The enforcement officer shall specify
in writing the reasons for the enforcement action, a
written summary of all oral and written testimony the enforcement officer intends to introduce at
the hearing, including the names and addresses of all witnesses the enforcement officer intends to
call, and copies of all documents the enforcement officer intends to introduce at the hearing.
d. The city clerk shall notify the applicant
and the enforcement officer by ordinary mail, and
shall give public notice in accordance with Chapter 21, Iowa Code, of the date, time and place
for the regular or special meeting of the city council at which the hearing on the appeal shall
occur. The hearing shall be scheduled for a date not less than four nor more than twenty days
after the filing of the appeal. The rules of evidence and procedure, and the standard of proof to be
applied, shall be the same as provided by Chapter 17A, Code of Iowa. The applicant may be
represented by counsel at the applicant s expense. The enforcement officer may be represented
by the city attorney or by an attorney designated by the city council at City expense.
2. The decision of the city council shall be rendered in writing
and may be appealed to the
Iowa District Court. (Ord. 2006-0607)