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 Cedar Rapids
 Code of Ordinances
 Chapter 22A. NUISANCE PROPERTIES

  § 22A.11. APPEALS OF ADMINISTRATIVE DECISIONS OR ACTIONS.  

Latest version.

  • a.

    Any person aggrieved by a decision or act of the City Manager or NPAC shall have the opportunity for hearing before a duly appointed hearing officer. Any aggrieved party may submit a request for a hearing which shall be in writing delivered to the NPAC. If said request is received within the time stated in the notice of the action or decision in question, the hearing shall be held pursuant to this section; any request for hearing received thereafter shall not entitle the requesting party to a hearing.

    b.

    Upon receipt of a timely request for hearing, the NPAC shall set a hearing to be held within 30 days from said receipt and, further, shall give at least 10 days' Notice to the requesting party of the time, date and location of said hearing. The hearing may be reset by agreement of the requesting party, the City and the hearing officer, as confirmed in writing, but in no event shall the hearing be held any later than 60 days after the date of the action or decision being appealed.

    c.

    At the time of hearing, the requesting party and NPAC shall be afforded the opportunity to present evidence and arguments. The formal rules of evidence and procedure shall not apply. Legal counsel shall not be required but shall be permitted.

    d.

    Within thirty days after the conclusion of an administrative hearing held pursuant to this section, the hearing officer shall make the following written findings which shall be based on a preponderance of the evidence as the standard of proof, and the City shall serve Notice thereof upon the appealing party:

    i.

    Whether the determination under 22A.03 was correct; and

    ii.

    Whether the action taken upon that determination was in accordance with all applicable law.

    e.

    Any decision rendered by a hearing officer pursuant to this section shall be subject to further review by a Court in accordance with Iowa law.

    f.

    Where a person aggrieved by an action taken pursuant to this Chapter has made a request for an administrative hearing pursuant to this section or has sought further review by a Court as provided by Iowa law, any charges for calls for service and any other administrative fees imposed pursuant to this Chapter shall be recorded, but the due date therefor and collection thereof shall be suspended pending the final outcome of any administrative hearing and/or Court review.

(040-16)