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Sections 111.1 through 111.8 are deleted in their entireties and the following provisions shall be substituted therefor:

Section 111.1 Administrative Appeal Hearing

(a) An owner shall have the right to appeal the notice of violation to an Administrative Hearing Officer provided that a written application is submitted to the Code Official on or before the date designated in the notice.

(b) An application for an appeal hearing shall be based on a claim that (i) the provisions of Chapter 8.60 do not apply; (ii) the Code Official has incorrectly interpreted Chapter 8.60; and/or (iii) the requirements of Chapter 8.60 can be adequately satisfied by other means. The owner may not appeal a requirement imposed by Chapter 8.60. The intent of the appeal process is not to waive or set aside a requirement; it is to provide a means of reviewing a Code Official’s decision on an interpretation or application of Chapter 8.60 or reviewing a Code Official’s decision to approve or reject the equivalency of protection to a Chapter 8.60 requirement.

(c) Written notice of the hearing date and time shall be provided to the person requesting the hearing within 10 calendar days of the hearing request.

(d) The Administrative Hearing Officer shall affirm, modify or reverse the decision of the Code Official upon a determination that: (i) the notice of violation was served in accordance with TMC 8.60.080, subsection 107.3; (ii) the provisions of Chapter 8.60 apply; (iii) the Code Official has correctly interpreted Chapter 8.60; and/or (iv) the requirements of Chapter 8.60 cannot be adequately satisfied by other means. The Hearing Officer may order abatement of the violation, impose an administrative penalty, and assess the abatement costs against the owner.

(e) The Administrative Hearing Officer may administer oaths and affirmations, examine witnesses and receive evidence. The Hearing Officer may grant continuances where the officer finds that there is practical difficulty or undue hardship and that such extension is consonant with the general purpose to secure compliance with Chapter 8.60.

(f) Pursuant to K.S.A. 60-2101 and amendments thereto, any person aggrieved by a determination issued by the administrative hearing officer may appeal to the district court by doing all of the following:

(1) Submit a written notice of appeal to the City Clerk within 30 days of the determination. The notice shall include: (i) the person’s name, mailing address, email address and telephone number; (ii) the date of the order; and (iii) case number. The City Clerk shall memorialize the date of receipt of the notice by file-stamp or another method and return a copy to the person.

(2) Submit a written request to the City Clerk for one copy of all pertinent records relative to the proceeding including but not limited to any recording or transcript of the proceedings. The request shall be submitted to the City Clerk within 10 days of the date of receipt of the notice of appeal. Prepayment of all copying and other fees set forth in TMC 2.10.120 shall be required prior to production of the records.

(3) File with the Clerk of the Shawnee County District Court the pertinent records prepared by the City Clerk within 60 days from the date of receipt of the notice of appeal.

(4) Failure to file the records with the Clerk of the Shawnee County District Court within the 60 day period may result in the appeal being dismissed by the district court.

(5) Unless the person requests from the district court a stay of the hearing officer’s order within 70 days from the date of receipt of the notice of appeal, the City may proceed with enforcement.

(Ord. 20383 § 8, 11-1-22.)