10-2-600P PART 6 – ADMINISTRATIVE ENFORCEMENT APPEALS
10-2-601. APPEAL OF ADMINISTRATIVE CODE ENFORCEMENT HEARING DECISION.
(1) Any person adversely affected by any decision made in the exercise of the provisions of this Chapter may file a petition for review of the decision or order by the district court within 30 days after the decision is rendered.
(2) No person may challenge in district court an administrative code enforcement hearing officer’s decision until that person has exhausted his or her administrative remedies.
(3) Within 120 days after submitting the petition, the party petitioning for appeal shall request a copy of the record of the proceedings, including transcripts of hearings when necessary. The Administrative Law Division shall not submit copies of files or transcripts to the reviewing court until the party petitioning for appeal has paid all required costs. The petitioning party’s failure to properly arrange for copies of the record, or to pay the full costs for the record, within 180 days after the petition for review was filed shall be grounds for dismissal of the petition.
a. If a transcript of a hearing cannot be prepared because the tape recording is incomplete or unintelligible, the district court may, in its discretion, remand the matter to the Administrative Appeals Board for a supplemental proceeding to complete the record. The district court may limit the scope of the supplemental proceeding to issues that, in the court’s opinion, need to be clarified.
(4) The district court’s review is limited to the record of the administrative decision that is being appealed. The court shall not accept nor consider any evidence that is not part of the record of that decision.
(5) The courts shall:
a. Presume that the administrative code enforcement hearing officer’s decision and orders are valid; and
b. Review the record to determine whether or not the decision was arbitrary, capricious, or illegal.