A.
Applicability. This section applies only when expressly deemed applicable to a particular license or permit by another provision of this code.
B.
Appeal Eligibility. Any interested person may appeal the issuance, denial of issuance, renewal, denial of renewal or imposition of disciplinary action in connection with the license or permit.
C.
Appeal Period. A written appeal must be filed with the city clerk within 10 calendar days after the decision; provided, however, that if the appeal period expires on a day that city hall is not open for business, then the period shall be extended to the next city business day.
D.
Appeal Contents. The appeal must indicate in what way the appellant contends the decision was incorrect or must provide extenuating circumstances that the appellant contends would justify reversal or modification of the decision.
E.
Stay of Decision. The effectiveness of any decision to suspend or revoke a license or permit shall be stayed during (1) the appeal period and (2) the pendency of any appeal.
F.
Time and Notice of Hearing. The hearing officer shall conduct a hearing and take the matter under submission no later than 30 city business days following the timely filing of an appeal, unless the appellant, as well as the applicant if different than the appellant, consents in writing to an extension. At least 10 days prior to such hearing, written notice thereof shall be mailed to the appellant and applicant (if different than the appellant). Public notice of the hearing shall be provided in the same manner, if any, as was provided in connection with the consideration of the original decision.
G.
Hearing Procedure. Appeal hearings shall be conducted in accordance with procedures established by the hearing officer. All parties involved shall have a right to: (1) offer testimonial, documentary and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) confront and cross-examine witnesses. The hearing officer shall not be bound by formal rules of evidence and may receive, under penalty of perjury, any relevant evidence that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing may be continued for a reasonable time for the convenience of a party or a witness.
H.
Burden of Proof. Unless otherwise provided by law or with respect to appeals of decisions made pursuant to Titles 10, 11 and 12, the burden is on the city to show the decision that is being appealed is reasonable and not an abuse of discretion.
I.
Decision. The hearing officer may uphold, overturn or modify the decision being appealed. The hearing officer shall, within 45 city business days of the appeal filing date, render a written decision supported by findings. The time period set forth in this section shall not be extended except upon written consent of the appellant and the applicant (if different than the appellant). Notice of the decision and a copy thereof shall be mailed to the appellant and to the applicant (if different than the appellant). The decision of the hearing officer shall be final unless council review is ordered.
(Ord. 1570; Ord. 1515)