13.16.410 Filing.
A. Form of appeal. Any person entitled to appeal may do so by filing an appeal at the office of the Public Works Director within 10 days from the date of determination or order of the Public Works Director. The appeal shall contain the following:
1. A heading in the words: Before the Utility Board of Appeals of the Rapid City Common Council;
2. A caption reading: Appeal of [giving the names of all appellants participating in the appeal];
3. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order;
4. A brief statement describing in ordinary and concise language the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;
5. A brief statement describing in ordinary and concise language the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside;
6. The signatures of all parties named as applicants and their official mailing addresses; and
7. The verification (by declaration under penalty of perjury) of at least 1 appellant as to the truth of the matters stated in the appeal.
B. Processing of appeal. Upon receipt of any appeal filed pursuant to this article, the Public Works Director shall notify the Chair of the Board and shall timely present the appeal at a regular or special meeting of the Utility Board of Appeals.
As soon as practicable after receiving the written appeal, the Utility Board of Appeals shall fix a date, time and place for the hearing of the appeal by the Board. The date shall be not less than 10 days nor more than 60 days from the date the appeal was filed with the Director. Written notice of time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the Director either by causing a copy of the notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal.
C. Failure of any person to file an appeal. In accordance with the provisions of this article, failure to timely file an appeal shall constitute a waiver of his or her right to an administrative hearing and adjudication of the notice and order, or any portion thereof.
D. Scope of hearing an appeal. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
E. Staying of order under appeal. Except for certain orders made pursuant to this article, enforcement of any notice and order of the Public Works Director or designee issued under Article III shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.