§ 38A-13. Administrative review of order.

(a)

Any person upon whom an Order to Abate Fire Hazard has been served may request an administrative review of the accuracy of the contents of the Order and/or the propriety of any administrative penalty by filing a written notice of appeal with the Fire Chief no later than fourteen (14) days after the date of service of the Order to abate fire hazard. The notice of appeal must include all facts supporting the appeal and any statements and evidence, including copies of all written documentation and a list of any witnesses, that the appellant wishes to be considered in connection with the appeal. The time requirement for filing an appeal shall be deemed jurisdictional and may not be waived. In the absence of a timely filed notice of appeal which complies fully with the requirements of this Section, the findings of the Fire Chief contained in the Order shall be deemed true and correct, and the Order shall become final and binding on the fifteenth (15th) day following service of the Fire Chief's Order.

(b)

Upon timely receipt of a notice of appeal which complies with the requirements of this Section, the Fire Chief shall refer the matter to a Hearing Officer, designated pursuant to the protocol set forth in Section 38A-17(a) of this chapter, to conduct a hearing. Notice of the hearing shall be sent by first class mail postage prepaid to the persons filing the appeal. The notice shall state the date, time and place of the hearing (which in no event shall be sooner than seven (7) days from the date of mailing, unless otherwise agreed to by the responsible party and the Fire Chief.)

(Ord. No. 3936, § 4 (part), 6-13-06)