§ 148-7. Appeal; filing fee.

A. 

The owner or other interested party may appeal the determination of either the refusal to grant a vacant building maintenance permit, the refusal to renew a vacant building maintenance permit, or any civil penalty provided for in this chapter. The appeal is to the City of Las Vegas Board of Adjustment by filing an appeal within 30 calendar days of the date of service, pursuant to § 148-5F or in person, of the notice of the refusal to grant a vacant building maintenance permit, the refusal to renew a vacant building maintenance permit or the notice of any civil penalty provided in this chapter. Such request shall be made in writing and filed in the Office of the City Clerk. The appeal shall identify the property and state the grounds for appeal together with all material facts in support thereof. A filing fee of $50 shall accompany each appeal application. When an appeal hearing is requested, the City staff for the Board of Adjustment shall send written notice by certified mail, return receipt requested, to the owner of the time and place of the hearing and shall publish and post notice of appeal hearing. At the hearing the owner or other interested party shall have the right to present evidence as relating to whether the City Manager or City Manager's designee engaged in an abuse of discretion by not approving or renewing a vacant building maintenance license or relating to whether a civil penalty should have been imposed. The Board of Adjustment shall, following the hearing, issue a written decision.

B. 

If the City Manager refuses to exercise his discretion to abate, reduce or subordinate a civil penalty that has been properly imposed, such refusal shall not be reviewable by appeal. With regard to civil penalties provided for by this chapter, the Board of Adjustment's jurisdiction is limited to the issue of whether the penalty was properly imposed. In order to protect the City's interests, a lien for the civil penalty may be filed while the appeal is pending; any lien securing a civil penalty shall be promptly released or partially released if and to the extent the Board of Adjustment rules in favor of the owner or other interested party.

C. 

The filing of any appeal shall not stay or otherwise affect any other legal proceedings to enforce any other provisions of these ordinances, including, but not limited to, any to enjoin a nuisance or enforce Chapter 301, Nuisances.