A. General. A person to whom a notice of civil violation is directed may appeal the notice of civil violation including to the building code commission in the case of violations of Titles 13 and 15 and the board of adjustment in the case of violations of Title 17. A person to whom a notice of civil violation is directed may not appeal the amount of the monetary penalty imposed.

B. How to Appeal. A person may appeal the notice of civil violation by filing a written notice of appeal with the public works director in the case of violations of Titles 13 and 15 and the director of planning and economic development in the case of violations of Title 17, within seven calendar days from the date of service of the notice of civil infraction.

C. Monetary Penalty. The monetary penalty for a continuing violation does not accrue during the pendency of the appeal unless the appeal is found to be frivolous or intended solely to delay compliance.

D. Hearing.

1. Notice. Notice of the hearing before the board shall be given to the appellant ten calendar days before such hearing.

2. Procedure. The board shall conduct a hearing on the appeal pursuant to the rules of procedure of the board. The city and the appellant may participate as parties in the hearing and each may call witnesses. The city shall have the burden of proof by a preponderance of the evidence that a violation has occurred.

3. Action of Board.

a. The board shall determine whether the city has proved by a preponderance of the evidence that a violation has occurred.

b. The board shall consider the following in making its determination:

i. Whether the intent of the appeal was to delay compliance; or

ii. Whether the appeal is frivolous; or

iii. Whether there was a written contract or agreement with another party which specified the securing by the other party of the applicable permit or approval from the city; or

iv. Whether the appellant exercised reasonable and timely effort to comply with applicable development regulations; or

v. Any other relevant factors.

4. Notice of Decision. The board shall mail a copy of its decision to the appellant.

E. Appeal to Superior Court. An appeal of the decision of the board must be filed with Superior Court within ten calendar days of the date of mailing of the decision of the board to the appellant or is thereafter barred.