As used in this article, the following terms shall have the
meanings indicated:
BOARD
A three-member panel consisting of two members each representing
and appointed by the Mayor with the approval of the Council, plus
one ex officio member. The members shall be the Zoning Administrator,
ex officio, one Councilperson and one member who is a citizen of the
Town, plus one alternate member who is a citizen of the Town. The
panel shall be known as the "Administrative Appeals Board" (hereinafter
the "Board"). The term of the members of the Board who are not ex
officio members shall be three years, with the first such terms ending
on October 1, 2011, or, in case of the Councilperson, when that person's
Council term expires, whichever first occurs.
NOTICE
Personal service to any owner or mailing by first-class mail
to any owner and posting of the subject property. The effective date
of such notice shall be the date the notice is personally served or
when the notice is mailed and the property posted, whichever first
occurs.
PERSON
Any individual, corporation of any kind whatsoever, whether
profit or nonprofit, partnership, business association or other legal
entity of any type.
[Amended 3-4-2014]
Any owner of property against which enhanced penalty status
is established or against which an assessment is made pursuant to
this article shall have 30 days from the date upon which notice is
issued to file an appeal in writing with the Board stating why the
enhanced penalty status or the assessment is invalid or incorrect,
in whole or in part, or requesting that an assessment be reduced for
good cause shown. The appeal shall be filed on a form provided by
the Town and must be accompanied by an appeal fee of $50. Failure
to file such an appeal within the time frame required shall render
the status determination or assessment final. Except as hereinafter
provided, upon a proper and timely appeal, the Board shall schedule
the matter for a hearing within 45 days of the filing of the appeal.
In case of an appeal requesting that an assessment be reduced for
good cause shown, the Board, with the written consent of the owner
to a rescheduling, may reschedule the hearing for such time as the
Board determines is reasonably necessary to enable the owner to demonstrate
good cause, or the Board may reserve that issue for determination
at a later hearing. The appellant shall be entitled to present evidence
to the Board at such hearing(s) and shall have the burden of proving
that the enhanced penalty status and/or the monetary assessment is
invalid or incorrect, in whole or in part, or should be reduced for
good cause shown. Following the conclusion of the hearing and its
deliberations, the Board shall issue a final written decision on the
validity of the enhanced penalty status and/or monetary assessment,
including such order which may allow a reduction in the monetary assessment
for good cause shown. Any aggrieved party may appeal any final decision
of the Board to the Circuit Court for Washington County, Maryland,
within 30 days after the date upon which that final written decision
is issued.