§ 8-127. Right of owner, lien holder or mortgagee to file petition of illegality in district court; proceedings.

(a)

Any owner, lien holder or mortgagee of record of property aggrieved by an order of the city issued under this division may file in the district court a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition must be filed by an owner, lien holder, or mortgagee within thirty (30) calendar days after the respective dates a copy of the determination of the city is personally delivered or mailed to them by first class mail, certified return receipt requested, or such decision shall become final as to each of them upon the expiration of such thirty (30) calendar days.

(b)

On the filing of the petition, the court may issue a writ of certiorari directed to the city to review the order of the city and shall prescribe in the writ a time within which a return on the writ must be made, which must be longer than ten (10) days, and served on the realtor or the realtor's attorney.

(c)

The city may not be required to return the original papers acted on by it, but it is sufficient for the city to return certified or sworn copies of the papers or of parts of the papers as may be called for by the writ.

(d)

The return must concisely set forth other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

(e)

The issuance of the writ does not stay proceedings on the decision appealed from.

(f)

Appeal in the district court shall be limited to a hearing under the substantial evidence rule. The court may reverse or affirm, in whole or in part, or may modify the decision brought up for review.

(g)

Costs may not be allowed against the city.

(h)

If the decision of the city is affirmed or not substantially reversed but only modified, the district court shall allow to the city all attorneys fees and other costs and expenses incurred by it and shall enter a judgment for those items, which may be entered against the property owners, lien holders, or mortgagees as well as all persons subject to the proceedings before the city.

(Ord. No. 04-23, § 1, 7-21-2004)