§ 8-638. Appeals.

(a)

Whenever a person shall deem themselves aggrieved by any decision or action taken by the director acting under the authority of this article, the person may file an appeal with the county administrator with a copy to the director within ten calendar days of the date of notice of such decision or action.

(1)

Exception. Whenever the director's decision is the instigation of proceedings at law for the assessment of a fine, due process is assured by the proceedings and appeal to the county administrator is not available.

(b)

The person shall be afforded a hearing on the matter before the county administrator within 30 days of filing the appeal. A written decision will be issued within 30 days of the hearing. At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof. The county administrator will affirm, modify, or rescind the action in writing within 30 calendar days of the hearing.

(c)

In cases where compliance with the decision or action taken by the director would cause undue hardship and the county administrator finds that it is in public interest to extend the time limit for such decision or action, grant exceptions to, waive requirements of, or grant a variance from a specific provisions, the county administrator may extend the time limit of such decision or action, may grant exceptions to, waive requirements of, or grant a variance from a specific provision. The county administrator shall give due consideration to the purposes for this article as stated in section 8-631.

(d)

Once an appeal has been taken, the order of the director shall be stayed until a decision is rendered by the county administrator, unless the director determines in writing that a stay will pose a threat to public safety, natural resources, other properties, or the integrity of the public infrastructure.

(e)

Any such person shall have 30 days after the county administrator's written decision is issued to institute an action in the District Court of Wyandotte County, Kansas. An action pending before the court shall stay compliance with the county administrator's decision, unless the county administrator determines in writing that a stay will pose a threat to public safety, natural resources, other properties, or the integrity of the public infrastructure.

(Ord. No. O-25-10, § 1, 5-6-2010)