Within seven days after the mailing or hand delivery of the notice from the enforcement
official pursuant to section 38-115, and except for section 38-110, imminent public health threat, the owner of the lot may make a written request for
a hearing before the city commission to appeal the decision of the enforcement official
and to show that the condition alleged in the notice does not exist or that such condition
does not constitute a nuisance. Filing such appeal shall toll the seven-day period
to correct the nuisance until the decision of the city commission is rendered. Failure
to notify or to timely appear for the hearing shall be deemed a waiver of the lot
owner's right to appeal. The enforcement official shall give the owner seeking such
hearing written notice of the date and location of the scheduled hearing. At the hearing
before the city commission, the city and the lot owner may introduce such competent,
substantial evidence as is deemed relevant and necessary. Thereafter, the city commission
shall render a decision on the hearing. In order to defray the expense of processing
an appeal to the city commission the fee for appeal shall be established by resolution
of the city commission in the appendix A fee schedule; however, the city commission
shall refund the appeal fee to the applicant if the city commission concurs with the
applicant in its decision. Following review by the city commission, or waiver of the
right to appeal by the owner, the owner shall have exhausted his administrative remedies.
