§ 57-184 — Reconsideration

§ 57-184. - Reconsideration.

(a) Any person subject to: a denial of a permit issued under this chapter; a compliance order; a stop work order; an emergency suspension of utility service; or any other enforcement action in this chapter which allows for reconsideration and hearing under this section, may petition the Director or Manager who took such action to reconsider the basis for the action. In order for the petition to be re-considered, it shall be filed with such Director and the Manager no later than the tenth (10 th ) calendar day after receipt of the notice/order. (b) Failure to submit a timely written petition for reconsideration shall be deemed to be a waiver of any further right to administrative reconsideration or review of the action. (c) In its petition, the petitioner shall indicate the action objected to, and the reasons for the objection(s), any facts that are contested, the evidence that supports the petitioner's view of the facts, any alternative terms of an order that the petitioner would accept, whether the petitioner requests a hearing on its petition and the address where notice of hearing will be received and accepted. (d) The effect of a compliance order or stop work order shall be stayed pending the Director's reconsideration of the petition, and any hearing thereon, unless the Director expressly makes a written determination to the contrary. The effect of an emergency suspension of utilities shall not be stayed pending the Director's reconsideration or any hearing, unless the Director expressly, and in writing, stays the emergency order. (e) Within a reasonable time of the submittal of a petition for reconsideration, the Director shall either grant the petition and withdraw or modify the order or modify or grant the permit accordingly; deny the petition if no material issue of fact is raised; or if a hearing has been requested and/or a material issue of fact has been raised, set a hearing on the petition.

(Ord. No. 21321, § 1, 9-28-99)