(a) A person served with a notice and order to correct may file a written appeal with the director. The person served with a notice and order to correct has ten (10) calendar days from the date of receipt of the notice and order to file the appeal. The appeal must include a brief statement specifying the grounds for appeal. The filing of an appeal does not stay an order.
(b) Upon timely receipt of an appeal in which the petitioner requests a meeting, the director must conduct a conference within five (5) work days. Any representative that the petitioner selects may accompany the petitioner. The director must give the petitioner an opportunity to show cause why the director should withdraw or modify the notice and order. The director may postpone an appeal conference up to ten (10) work days.
(c) Within seven (7) calendar days following a meeting to consider an appeal, the director must issue a written decision that either sustains, modifies, or rescinds the disputed notice and order.
(d) In cases where the petitioner files a timely appeal but does not request a meeting with the director, the director must evaluate all available data, including the initial notice and order, reports of subsequent inspections, and any written submissions offered by the petitioner. Within fifteen (15) calendar days after an appeal is filed, the director must issue a written decision that either sustains, modifies, or rescinds the disputed notice and order.
(e) A petitioner may appeal a decision of the director to the board of appeals within thirty (30) days after the director issues the decision. However, if the director's decision concerns a fire or health violation, the petitioner may appeal within ten (10) days after the director issues the decision.
(f) This section does not foreclose the right of the owner, agent, operator, and the chief administrative officer to conciliate grievances that arise from notices of violations and orders to correct.
(g) This section does not prevent any person from exercising any right or seeking any remedy the person might otherwise be entitled to or from filing any compliant with a court. (1987 L.M.C., ch. 23, § 3.)
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