§ 48-64. Appeals.

(a)

Any person entitled to be served with an order to remove nuisances other than an order charging a property as a chronic nuisance under section 48-50 shall have the right to appeal from said order to the property maintenance appeals board. The property maintenance appeals board, as established by chapter 56, shall hear each duly filed appeal and decide whether to affirm, amend or reverse the order to remove nuisances. In doing so, the property maintenance appeals board may interpret the provisions of this chapter. The property maintenance appeals board shall have all other powers granted it by chapter 56.

(b)

An appeal shall be in writing and shall be in such form and provide such information as the property maintenance appeals board may by regulation require. An appeal must be delivered to the office of the director of neighborhood and community services within ten (10) days from the date of service of the order to remove nuisances. Only those matters or issues specifically raised by the appellant in the written appeal shall be considered in the appeal hearing.

(c)

Except for emergency orders or actions, the timely filing of an appeal to the property maintenance appeals board shall stay enforcement of the order to remove nuisances, including abatement, until the appeal is finally determined. Failure of a person entitled to appeal under this chapter either to make appeal or to timely file his appeal shall constitute a waiver of his right to an administrative hearing and adjudication of his complaint, and such person shall be estopped to deny the validity of any order or action which could have been timely appealed.

(d)

The method of judicial review of any decision of the property maintenance appeals board upon an order or action taken pursuant to this chapter shall be as provided by RSMo Chapter 536.

(Ord. No. 971346, § 1, 10-2-97; Ord. No. 070795, § 1, 8-2-07; Ord. No. 080689, § 1, 7-24-08)

Cross reference

Property maintenance appeals board, § 56-346.