APPEAL OF ADMINISTRATIVE FEES.

Raleigh City Code § 7-2002.3

in effect

Sec. 7-2002.3. - APPEAL OF ADMINISTRATIVE FEES. (a) Any person assessed an administrative fee, may appeal by filing a written notice of appeal with the Solid Waste Services Violation Review Committee consisting of the Code Compliance Supervisor, Administrative Manager, the Solid Waste Services Assistant Director over Administration, and/or their designees, within ten (10) calendar days after service of the written demand for payment of the assessment. The written appeal shall provide the reasons the petitioner contends that the administrative fee was wrongly applied, and the petitioner shall provide any supporting documentation. Failure to file a notice of appeal with the necessary information within the ten (10) calendar-day period shall constitute a waiver of the right to contest the administrative fee. The Solid Waste Services Violation Review Committee shall make a decision with a ten (10) calendar-day period after receiving the written appeal and all supporting documentation. The Solid Waste Services Violation Review Committee may request additional information. Using the information provided, the Solid Waste Services Violation Review Committee shall conduct a review of the appeal. The Solid Waste Services Violation Review Committee may uphold, amend, modify, or reverse the assessment. (b) Within ten (10) calendar days after receiving the decision of the Solid Waste Services Violation Review Committee, the petitioner may appeal to the Director of Solid Waste Services, or the Director's designee. The appeal shall be in writing and shall provide the reasons the petitioner contends the administrative fee was wrongly applied, and the reasons the petitioner contends the decision of the Solid Waste Services Violation Review Committee was wrong. Using the information provided, the Director of the Solid Waste Services Department or the Director's designee shall conduct a review of the appeal within ten (10) calendar days after receiving the appeal from the petitioner. The Director of Solid Waste Services or the Director's designee may uphold, amend, or reverse the assessment. (c) The decision of the Director of the Solid Waste Services Department, or the Director's designee, on an administrative fee, is subject to further review in the Superior Court of Wake County by proceedings in the nature of certiorari. Any petition for writ of certiorari shall be filed with the Clerk of Superior Court within thirty (30) days after the date that the decision of the Director of the Solid Waste Services Department, or the Director's designee, is issued. Failure to file a petition for writ of certiorari within the thirty-day period shall constitute a waiver of the right to appeal the decision of the of the Director of the Solid Waste Services Department, or the Director's designee. (d) All notices, initial warnings, and administrative fees shall be served by first class U.S. Mail, Certified Mail, Priority Mail, private shipping service, or electronically. (1) Service by first class U.S. Mail or Priority Mail service shall be deemed sufficient if the notice sent by first class U.S. Mail or Priority Mail is not returned by the U.S Post Office within seven (7) calendar days after mailing. (2) If delivery of mail is being tracked, service shall be deemed sufficient when delivery is confirmed. (3) Electronic service shall be deemed sufficient if notices sent electronically do not receive an undeliverable or not sent message in response within twenty-four (24) hours of being sent. (4) Service by Certified Mail shall be deemed sufficient once receipt of delivery is received or is not returned by the U.S. Post Office. (Ord. No. 2011-822, §3, 1-4-11; Ord. No. 2022-398, § 5, 7-5-22; Ord. No. (2025)734, § 2, 4-15-25)

Source: City of Raleigh, North Carolina, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/raleigh/codes/code_of_ordinances?nodeId=DIVIICOGEOR_PT7SOWASE_CH2SOWACO_ARTBADEN_S7-2002.3APADFEFetched: 11/1/2026