8.20.160 Appeals.
1. An owner or responsible party may appeal a finding of a nuisance by the health and safety officer and/or the issuance of an administrative citation. Such an appeal must be filed in writing within ten (10) days of the notice of a finding of a nuisance or issuance of an administrative citation.
2. The appeal authority for an appeal under this chapter shall be the Lindon City administrator, or a hearing officer appointed by the city administrator.
3. The appeal authority shall conduct an informal hearing on the appeal within thirty (30) days of the filing of the appeal. The following standards shall apply at any hearing conducted by the appeal authority:
a. Standard of Review. The appeal authority shall presume the decision of the health and safety officer is valid and determine whether the decision was arbitrary, capricious or illegal;
b. The burden of proof is on the appellant; and
c. The appellant shall have the right to present such evidence, witnesses and arguments as are pertinent to the question as allowed under this section.
4. The appeal authority may set aside the decision of the health and safety officer in its entirety only if it finds that the decision was arbitrary, capricious or illegal. Nevertheless, the appeal authority may modify the requirements imposed by the health and safety officer to abate a nuisance or may extend the deadline for completing the abatement when it finds that such modifications are in the best interest of the city.
5. The appeal authority shall render its written decision within ten (10) days of the hearing, a copy of which shall be mailed to or served upon the owner or responsible party.
a. If the appeal authority modifies the decision of the health and safety officer, the written order shall include details on how and when the modified order must be complied with including the time frame in which such actions must be completed, which time shall not be fewer than ten (10) days after service of the decision by the appeal authority.
b. In the event the appeal authority upholds the determination of the health and safety officer, the owner or responsible party shall comply with the requirements of the administrative citation or notice of nuisance within ten (10) days from the date the notice of the decision on the appeal is provided.
c. Delivery of the decision shall follow the standards set forth in Section 8.20.080.
6. A properly filed appeal shall automatically stay the time within which the owner or responsible party must conform to the decision of the health and safety officer, unless the appeal authority finds the alleged nuisance constitutes an emergency that presents threat to public health, safety or welfare.
a. The appeal authority shall give notice to the appellant that the automatic stay will not be granted based on the threat to public health, safety or welfare as soon as practically possible.
7. Either the city or the appellant may challenge the appeal authority’s order by filing a petition for review with the district court as follows:
a. The petition must be filed in the Fourth Judicial District Court within thirty (30) calendar days from the date the appeal authority’s order was mailed to the appellant;
b. In the petition, the appellant may only challenge the appeal authority’s order on the basis that the decision was arbitrary, capricious or illegal;
c. The appeal authority shall transmit to the reviewing court the record of its proceedings, including any minutes, findings, orders and, if available, a true and correct transcript of its proceedings;
d. The district court may not accept or consider any evidence outside of the appeal authority’s record unless the evidence was offered to the appeal authority and the court determines that it was improperly excluded by the appeal authority. If, in the opinion of the district court, there is not a sufficient record to review the hearing officer’s order, the court may call witnesses and take evidence; and
e. No petition or appeal may be filed in district court unless the responsible party first appeals to the appeal authority pursuant to the terms set forth in this chapter. (Ord. 2020-4 §1, amended, 2020)