§ 14-93. Appeal.

(a)

Within the seven-day period, after notice is mailed or the property is posted, whichever is earlier, the alleged violation party may contest the determination that a violation of this article has occurred on the real property in question, and request a hearing before the code enforcement board.

(b)

The request for a hearing, to appeal a code enforcement officer's determination, shall be in writing, and shall be addressed to the code enforcement officer and shall either be hand-delivered to the code enforcement department within the seven-day period after the notice is mailed, or the real property is posted, whichever is earlier, or mailed to the code enforcement department and postmarked within the seven-day period after the notice is mailed, or the real property is posted, whichever is earlier.

(c)

Upon receipt of a timely appeal, the code enforcement officer shall schedule a hearing before the code enforcement board and notify the alleged violator of the date of the scheduled hearing. Pursuant to chapter 7, of the Osceola County Code of Ordinances and F.S. ch. 162, unless specified otherwise in this article, the code enforcement board shall allow the code enforcement department and the owner or any other interested persons an opportunity to present evidence and to examine and cross-examine witnesses. After considering the evidence and testimony, the code enforcement board shall make a factual determination as to whether Graffiti exists is in violation of this article. If the code enforcement board makes a factual determination that graffiti exists, in violation of this article, it shall order the county to remove the graffiti if same has not been removed by 5:00 p.m. on the fifth day following the code enforcement board's factual determination.

(Ord. No. 10-39, § 4, 10-18-10)