B.
General. Whenever the person receiving written notice of a WDP decision per Article VI (Wastewater Discharge Permits), notice of violation per Article XVIII (Enforcement Provisions), impact fee charge in accordance with Article XV (Impact Fees), or abatement decision in accordance with Article XVII (Abatement Regulations), shall deem themself aggrieved by the decision, that person may file a written appeal to the City Administrator within 10 days of the date of written notice. If the appeal is received within 10 calendar days of the written notice, the person shall be afforded a hearing on the matter before the following City Staff: City Administrator, Code Enforcement Director, and Public Works Director. The hearing will be recorded, and the appealing party can present any documents, evidence, law or witnesses they believe will support their claim. The City may also present any documents, evidence, law or witnesses they believe to support the City's action. Each of the three City officials must act fairly, be neutral, and have no conflict or prior connection to the matter under review.
C.
Procedure and review of requests. Requests shall be reviewed in order
received. The staff review shall be limited to those items reviewed
by the WRRD to make the original decision.
D.
Notification of decision. The City staff shall write a decision indicating
its findings of fact on the matter, issued to the appealing party
within 10 calendar days of the staff hearing closure.
E.
Request for city council hearing. If the appealing person disagrees
with the City staff's decision, the appealing person may request
a hearing before the City Council. Such request must be received by
the City Administrator's Office within 30 calendar days of the
notification of the City staff's decision. The City Administrator's
Office shall then notify the appealing party of the date and time
of the hearing.
F.
Aggrieved parties seeking judicial review of the final decision by
the City Council must do so by filing a complaint with the Superior
Court for York County within 30 days of issuance of a written decision
or such later time following provisions of Maine Rule 80B.
G.
The effectiveness of a WDP shall not be stayed pending the appeal.
