(1) How to Appeal. A person to whom a notice and order is issued pursuant to this chapter may appeal to the Hearing Examiner by filing a written notice of appeal with the City Clerk within 14 calendar days from the date of service of the notice and order. The appeal must be accompanied by a filing fee in the amount established by the City’s fee resolution, which is refundable if the appellant prevails on the appeal.

(2) Effect of Appeal. The timely filing of an appeal pursuant to this section shall stay the requirement for action specified in the notice and order that is the subject of the appeal. The monetary penalty for a continuing violation does not continue to accrue during the pendency of the appeal; however, the Hearing Examiner may impose a daily monetary penalty from the date of service of the notice and order if he or she finds that the appeal is frivolous or intended solely to delay compliance.

(3) Effect of Failure to Appeal. The violation shall be deemed committed, the notice and order shall become the final administrative order, and the monetary penalties assessed shall be immediately due and subject to collection if (a) an appeal is not filed within 14 calendar days after the notice and order was issued, or (b) an appeal was timely filed, but the appellant or his or her representative failed to appear at the hearing. (Ord. 11-07 § 2)