BLMC 14.130.120 Appeal

A. Civil penalties and notices of violation may be appealed to the hearing examiner. The appeal of the notice of violation may contest that a violation occurred and/or the corrective action ordered. Failure to appeal the notice of violation waives the right to contect that a violation occurred or the corrective action ordered during an appeal of the civil penalty. 

B. The person cited in the notice of violation and/or the notice of civil penalty or any person having any record title or legal interest in the building, structure, premises, personal property, or land where the violation is alleged to exist may appeal a notice of violation and/or the notice of civil penalty.

C. The appeal shall be filed with the public services department utilizing the online code enforcement appeals form no later than 4:00 pm on the fifteenth day from the date of service. The date of service is determined pursuant to BLMC 14.130.050.

D. The written appeal shall state the name and address of the appellant and shall explain how the appellant is authorized by subsection B of this section to file the appeal and shall list grounds for the appeal, including any alleged error of fact or law in the notice of violation and/or notice of civil penalty.

E. Appeals that do not meet the filing requirements set forth in this section may be rejected and need not be forwarded to the hearing examiner and/or processed. Any party who has an appeal rejected under this section may bring a motion to the city's hearing examiner to reinstate the appeal upon the basis that the appeal complied with the filing requirements. Such motion must be brought within 15 days of the date of notice of the city's rejection and refusal to process the appeal.