There shall be a Sewer Board of Review which
shall consist of three members appointed by the Town Council. The
members first appointed shall serve for terms of one, two and three
years respectively, and thereafter one member shall be appointed in
each year for a term of three years.
Within 60 days after mailing of notice of an
assessment or any charges under Section 9 of Chapter 96 of the Public
Laws of Rhode Island, January 1973 Session (as amended), or within
30 days after giving or mailing of notice of an order under Section
17 of Chapter 96 of the Public Laws of Rhode Island, January 1973
Session (as amended), any person aggrieved by such assessment, charge
or order may appeal to the Sewer Board of Review.
[Amended 2-18-2010 by Ord. No. 2010-05]
A.
Notwithstanding the provisions of § A361-67, appeals from the rulings, orders or directives of any official charged with the enforcement of these rules and regulations, other than those assessments, charges or orders appealable under § A361-67, shall be made to the Authority within a period of 30 days after the date of the order. The duty of the Authority shall be to consider appeals from the decisions of officials charged with the enforcement of the regulations and to determine in particular cases where any deviation from the strict enforcement of the regulations will violate the intent of said regulations and public health and safety will be jeopardized.
B.
If the
Authority determines that such ruling, order or directive of any official
charged with the enforcement of these rules and regulations is unwarranted,
in whole or in part, it shall annul or modify the same and make such
order as justice may require. Otherwise, it shall affirm the same.
Within 30 days after the decision of the Authority, any party aggrieved
may appeal to the Town Council, which shall have the same powers to
annul, modify, enter further order or affirm as the Authority. Within
30 days after the decision of the Town Council, any party aggrieved,
which may include the Authority, may appeal to the superior court
which shall have the same powers to annul, modify, enter further order
or affirm as the Town Council.
The Sewer Board of Review shall keep an accurate
record of its proceedings which shall be available for public inspection.
If the Board determines that such assessment
charge, order or action by any official acting pursuant to the regulations
then in effect is unwarranted in whole or in part, it shall annul
or modify the same and make such order as justice may require. Otherwise,
it shall affirm the same. Within 30 days after the decision of the
Sewer Board of Review, any party aggrieved, which may include the
Authority, may appeal to the superior court which shall have the same
powers to annul, modify, enter further order or affirm as the Sewer
Board of Review.
The Town Council shall provide by ordinance
for the organization and appellate procedure to the Sewer Board of
Review. The Sewer Board of Review shall adopt rules for the orderly
transaction of its business; said rules shall be filed with the Town
Council.
