2.50.510 Protests and appeals.
A. Protest to the City Manager.
1. An owner or other responsible person of a premises may protest a notice of code violation issued pursuant to Section 2.50.120, a notice of corrective action costs issued pursuant to Section 2.50.250, or a notice of civil penalty issued pursuant to Section 2.50.310 by submitting a written protest to the city manager within 10 days of the date of the notice.
2. The written protest must, at a minimum, contain the following information:
a. The name, mailing address, telephone number and email address of the person submitting the protest;
b. A description of the real property, by street address or otherwise, on which the code violation is alleged to exist;
c. A written statement, and all supporting evidence, specifying the basis for the protest.
3. The city manager will review the notice and the protest, together with all supporting evidence in the record, and will issue a final order that either upholds, amends, or dismisses the findings and determination set forth in the notice.
4. If the city manager issues a final order that upholds or amends the Notice, the owner or responsible person must comply with the terms of the order within 10 days from the date of the order.
B. Appeal to the Hearings Officer.
1. An owner or other responsible person of a premises may dispute a final order issued by the city manager pursuant to subsection A of this section by submitting a written appeal to the city recorder within 10 days of the date of the final order. A hearings officer will preside over the appeal hearing.
2. The written appeal must, at a minimum, contain the following information:
a. The name, mailing address, telephone number and email address of the person submitting the protest;
b. A description of the real property, by street address or otherwise, on which the code violation is alleged to exist;
c. A written statement, and all supporting evidence, specifying the basis for appealing the city manager’s final order.
3. Subject to the requirements of this code section, the McMinnville hearings officer may adopt additional procedures for the conduct of any hearings before them, but at a minimum, must allow:
a. Each party to introduce evidence, including rebuttal evidence, that is relevant to prove or refute any matter raised in the underlying notice or city manager’s final order; and
b. An opportunity for each party to cross-examine all witnesses who testify.
4. Following the close of the record, the McMinnville hearings officer will issue a decision within 10 days that either upholds, amends, or dismisses the city manager’s final order.
5. If the hearings officer decision upholds or amends the city manager’s final order, then the hearings officer’s final order must include:
a. A brief statement of the findings of fact;
b. The amount of any assessed corrective action costs, civil penalties, and associated administrative costs;
c. The date by which any costs and assessments must be paid; and
d. An order directing the responsible person to correct the code violation, pay the assessed corrective action costs or pay the assessed civil penalty, as appropriate to the nature of the appeal;
6. If the hearings officer decision dismisses the city manager’s final order, then the hearings officer’s final order must include:
a. An order that any incurred fees be refunded; and
b. An order that all costs of the abatement will be dismissed or refunded.
C. Appeal of Hearings Officer’s Final Order. Any party to the appeal may obtain review of the hearings officer’s final order by writ of review pursuant to ORS Chapter 34. (Ord. 5078 §1 (Exh. 1 (part)), 2019).