§ 102.48. APPEALS.

(A)

Any controlling entity aggrieved by any order, finding or determination taken under the provisions of this Chapter other than abandonment of a newsrack or modular newsrack (hereinafter an appellant) may file an appeal with the Code Enforcement Board for the City of Delray Beach. The appellant must effect their appeal within fifteen (15) days after receipt of the order mailed to the appellant pursuant to this Chapter. In order to effect the appeal, the appellant must deliver their letter of appeal, briefly stating the basis of their appeal, to the Clerk of the Code Enforcement Board. A hearing before the Code Enforcement Board shall be scheduled on the appeal no later than thirty (30) days following the receipt of the letter of appeal, unless the parties mutually agree to an extension thereof. The appellant shall be given at least seven (7) days' written notice of the time and place of the hearing. The Board shall give the appellant and any other interested party a reasonable opportunity to be heard in order to show cause why the fixture is not violating this Chapter. At the conclusion of the hearing the Board shall make a final and conclusive determination. The determination shall be reduced to writing and signed by the Board and filed in the office of the City Clerk within fifteen (15) days of the hearing and a copy shall be sent to the appellant. The decision of the Board shall be effective when rendered. The decision of the Board may be appealed as provided for by law.

(B)

Where the newsrack or modular newsrack is considered abandoned, the controlling entity may take an immediate appeal to circuit court as provided by law.

(C)

During the pendency of an appeal, the removal of the movable fixture shall be stayed pending final disposition of the appeal, except if abandonment of the newsrack or modular newsrack occurs in violation of Sections 102.46(A), (B), (D), and (E) and 102.43(L), and adversely affects the distribution of newspapers, news periodicals or advertising circulars from that location.

(D)

The City shall reimburse the controlling entity any storage charges in the event the decision on appeal is rendered in favor of the controlling entity.

(Ord. No. 27-96, passed 8/6/96; Am Ord. No. 45-98, passed 10/20/98)