(1) Notwithstanding the provisions of MMC 12.80.025 and 12.80.040(1), any person or entity receiving a written notification of an enforcement action under this title may, within 10 days of the receipt of such notice, request in writing that the City Engineer review the enforcement action. The written request (letter of appeal) shall state all points of disagreement and objection to the enforcement action. Upon receipt of the letter of appeal, a meeting shall be scheduled with the City Engineer of the City of Millersburg, or authorized representative. The City Engineer or authorized representative shall affirm, modify, or dismiss the enforcement action, and shall give written notice of his or her decision to the alleged violator.

(2) Within 10 days of receipt of the City Engineer’s written notice of decision outlined above, the alleged violator may appeal the City Engineer’s decision by serving a written notice of such appeal in the same manner as provided above. Thereafter, a hearing on such appeal shall be scheduled before City Council of the City of Millersburg, or such Appeal Hearings Officer as the City may appoint for such purpose, at the discretion of the City Manager, considering the nature of the issues presented on appeal and the time constraints, resources, and schedule of the public hearing bodies. Thereafter, the City Council or the Appeal Hearings Officer may render its decision based upon the record of the hearing on the enforcement action, grant an additional hearing to take additional evidence, or conduct a de novo hearing. The City Council or Appeal Hearings Officer, in consultation with the City Attorney, shall establish rules and procedures for the conduct of the appeal in order to accord the discharger lawful due process. The burden of proof, on appeal, shall remain with the City by a preponderance of the evidence. The City Council or Appeal Hearings Officer shall affirm, reverse, or modify the findings, conclusions, and requirements of the enforcement action and shall serve its decision, in writing, upon the discharger. The decision of the City Council or Appeal Hearings Officer shall be final. (Ord. 166, passed 12-10-2019)