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(1) Any responsible person adversely affected by a final administrative enforcement order made in the exercise of the provisions of this Title may file a petition for review in the district court.

(2) The petition shall be barred unless it is filed within thirty (30) days after the administrative enforcement order is final.

(3) In the petition, the plaintiff may only allege that the administrative enforcement order was arbitrary, capricious or illegal.

(4) The court shall:

(a) presume that the administrative enforcement order is valid;

(b) review the record to determine whether the order was arbitrary, capricious, or illegal; and

(c) affirm the administrative enforcement order if it is supported by substantial evidence in the record.

(5) The record of the proceedings including minutes, findings, orders and, if available, a true and correct transcript of the proceeding shall be transmitted to the reviewing court. If the proceeding was tape recorded, a transcript of such tape recording shall be deemed a true and correct transcript for purposes of this Subsection.

(6) If there is a record, court review shall be limited to the record of the proceeding. The court may not accept or consider any evidence outside such record unless that evidence was offered to the hearing examiner and the court determines that it was improperly excluded by the hearing examiner. The court may call witnesses and take evidence if there is no record.

(7) The filing of a petition does not stay execution of an administrative enforcement order. Before filing a petition, a responsible person may request the hearing examiner to stay an administrative enforcement order. Upon receipt of a request to stay, the hearing examiner may order the administrative enforcement order to be stayed pending district court review if the hearing examiner finds such stay to be in the best interest of the City.

(Enacted 1999-40, Am 2001-30)