A. A property owner may appeal a determination that a public sewer system is available to their property or any other decision or order issued pursuant to the authority provided by this chapter, as set forth in this section.

B. The following time frames shall control the filing of the notice of appeal:

C. The notice of appeal shall be filed with the City Clerk and contain the following: (1) be conspicuously identified as a notice of appeal; (2) set forth a brief statement setting forth the legal interest of the appellants; (3) the specific order or action protested, together with any material facts claimed to support the contentions of the appellants; (4) the relief sought, and reasons why it is claimed, and why the protested action or notice and order should be reversed, modified or otherwise set aside; (5) the signatures of all persons named as appellants, and their official mailing addresses; (6) the verification (by declaration under penalty of perjury) of each appellant as to the truth of the matters stated in the appeal. No fee shall be required for the filing of the notice of appeal.

D. As soon as practicable after receiving the written appeal, the City Clerk shall fix a date, time, and place for the hearing of the appeal by the Hearing Examiner. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing by the City Clerk, by mailing a copy addressed to each appellant at his or her address shown on the notice of appeal.

E. At the hearing, the appellant or appellants shall be entitled to appear in person, and to be represented by counsel and to offer such evidence as may be pertinent and material to the denial or to the notice and order. The technical rules of evidence need not apply.

F. Only those matters or issues specifically raised by the appellant or appellants in the written notice of appeal shall be considered in the hearing of the appeal.

G. Within 10 business days following conclusion of the hearing, the Hearing Examiner shall make written findings of fact and conclusions of law, supported by the record, and a decision which may affirm, modify, or overrule the denial or order of the City, and may further impose terms and conditions regarding hook-up to the City sewer.

H. Excepting those instances where, by law, a different time period applies, a decision by the Hearing Examiner under this chapter shall be final and conclusive unless within 21 days from the date of the decision, a party makes application to a court of competent jurisdiction for appropriate relief.

I. If the matter on appeal is a determination that a public sewer system is available to a property, upon the timely filing of a notice of appeal and pending adjudication by the Hearing Examiner, the City shall not undertake efforts to enforce or collect availability charges imposed under this chapter.

J. This section shall not apply to actions governed by LMC 12.15.130. [Ord. 584 § 3, 2014; Ord. 530 § 1, 2011.]