§ 464.70. Appeal.

(a) If a newsrack owner has reasonable grounds to claim that a notice of violation or a notice of removal has been wrongfully issued or a certificate of compliance has been wrongfully denied and wants to appeal that determination, the appealing owner shall, within ten (10) days of receipt of the notice of violation, notice of removal, or notice of denial of the certificate of compliance demand a review by giving written notice to the director, and including in that notice any exhibits such as photographs or maps or affidavits which support the claim. No oral presentation shall be permitted, and all grounds supporting the appeal shall be provided in writing. The director shall review the claim within fifteen (15) days of receipt of notice from the appealing owner. Within fifteen (15) days of the review, the director shall provide written notice of the decision to the appealing owner. Except for removal pursuant to 464.110(d), any action by the city to remove a newsrack shall be stayed during the ten-day appeal period provided by this section and during the pendency of any subsequent appeal made pursuant to this section.

(b) If the appealing owner believes the director's decision of the appeal under section 464.70(a) is in error and wants the decision further reviewed, the appealing owner shall file a written request for review by an administrative hearing officer pursuant to Title 1, Chapter 2 of this Code. If the appealing owner believes the administrative hearing officer's decision is in error and wants the decision further reviewed, the appealing owner may have the decision reviewed by appropriate action in a court of competent jurisdiction. Except for removal pursuant to 464.110(d), any action by the city to remove a newsrack shall be stayed for ten (10) days following a final decision of the administrative hearing officer and during the pendency of any subsequent judicial proceeding intended to review the decision of the administrative hearing officer. (2008-Or-104, § 1, 12-12-08)