Powers of CESMs to review orders entered by city officials and procedures therefor

(a)

An aggrieved party may seek de novo review before a CESM of an order entered by the designated city official (hereinafter "city official") under sections 19-5(a) or 5-115.3 of the City Code.

(b)

A notice of violation directing a violator to take corrective action as called for under section 9-107 of this chapter is not a reviewable final order for purposes of this section.

(c)

Proceedings under this section are not governed by the provisions of F.S. Ch. 162.

(d)

To initiate the review process from an order issued by the director of the department of neighborhood empowerment (the "director"), an aggrieved party must file a written notice with the secretary and serve a copy thereof to the director, no later than thirty (30) days from the date of the order being reviewed, which shall set forth the following:

(1)

The name, mailing address and telephone number of the aggrieved party. All further papers and notices shall be mailed to the address provided by the aggrieved party in the notice unless written notice of change of address is filed with the secretary.

(2)

Identify the order being challenged. A copy of the challenged order must be attached to the notice.

(3)

The legal and factual grounds supporting the aggrieved party's claim for review.

(4)

The aggrieved party shall file, together with the notice, any documents and items that it wishes the CESM to consider at the review hearing.

(e)

To initiate the review process from an order issued by the building official, an aggrieved party shall follow and be governed by the procedures and time-frames set out in City Code section 5-115.8.

(1)

The building official shall forward all properly filed requests for administrative review to the secretary together with copies of such papers or files constituting the record kept by the city in connection with the challenged order and any documents filed by the aggrieved party.

(2)

It shall be the responsibility of the secretary to schedule a hearing before the CESM.

(3)

The secretary shall mail a notice of hearing to the aggrieved party and any attorney representing the aggrieved party.

(f)

Upon receipt of a timely notice, the secretary will schedule a review hearing before the CESM. A notice of hearing will be mailed to the aggrieved party. The secretary will compile the record which shall consist of the file and papers kept by the city official in connection with the challenged order and any documents filed by the aggrieved party.

(g)

At any hearing of the CESM reviewing an order entered by the city official, fundamental due process will be observed and the parties shall have the right to call or cross-examine witnesses.

(h)

The CESM may issue an order affirming or reversing the order of the city official under its review but in no event modify, condition, or change the terms of said order.

(Ord. No. 2015-50, § 28, 4-16-15)