(A) Any party aggrieved by an order or decision of any official under this article, except a decision of removal which has already been upheld by the hearing officer, or aggrieved by any decision or practice of any wrecker appearing on a rotation list, or aggrieved by any towing authorized by any city employee pursuant to this article, may appeal such grievance to the Mayor to hear such appeal.
(B) Written notice of such an appeal must be given to the Mayor within 30 calendar days after the order or notice of the decision is received by the aggrieved party. The notice shall contain an enumeration of the order or decision complained of, the date of said practice or of the issuance of such order or decision, and a brief statement of the reasons why such practice, order or decision is unlawful, unwarranted, or create an unnecessary hardship. The 30-day period is jurisdictional and may not be waived.
(C) The hearing officer or his designated representative is authorized to make efforts to secure an accord between the appellant and the official or wrecker, if any, against whom the appeal is brought, and to make a written record of such agreement. Such agreement shall be in lieu of the hearing and decision provided for by this article.
(D) Hearing on Appeals shall be held within 30 calendar days after notice of appeal is received. A hearing may be canceled by agreement of the appellant and, if applicable, the wrecker or official who is the subject of an appeal.
(E) For the purposes of hearing appeals the hearing officer shall have the power to make inspections and to require the submission of such plans and specifications or other evidence as he deems necessary.
(F) On the hearing of an appeal the hearing officer shall have the power to reverse, affirm or amend any order or decision of any official complained of by the aggrieved party, require payment by the city for unauthorized or unwarranted towing or storage, and to arbitrate disputes arising under operation and enforcement of this article. Any decision of the hearing officer pursuant to this section shall conform to all state and federal law, all rules and regulations promulgated by the Public Regulation Commission, and the spirit and intent of this article, and shall secure the public safety and convenience.
(G) In every appeal the hearing officer shall issue within five working days a written decision amending, overturning, or granting variances as to each grievance listed by the aggrieved party in his notice under division (B) above or ordering such action as he deems appropriate in arbitrating a complaint or dispute. Every decision or opinion of the hearing officer shall be made a part of the official records of the city, and a copy of such decision or opinion shall be given to the aggrieved party.
(H) If any party, including the city, feels the hearing officer acted improperly, or that such action as the hearing officer took is arbitrary, capricious, or unlawful, said party shall have the right to appeal to the Second Judicial District Court. The hearing officer shall maintain a record of all appeals heard before it, and all appeals to the District Court shall be from the record. Said record shall consist of a transcript or magnetic recording of all testimony taken during the hearing, all exhibits offered, all plans and specifications as may have been required and a copy of the hearing officer's decision. The filing of an appeal in the District Court does not itself stay enforcement of the decision of the hearing officer, but the hearing officer may grant, or the District Court may order, such a stay upon appropriate terms.
(I) Reasonable notice of the time, place, and nature of the hearing shall be afforded to all parties. In conducting a hearing, the hearing officer shall afford all parties an opportunity for a full and fair hearing, including right to counsel and the right to call and examine witnesses, introduce exhibits and cross-examine witnesses who testify. The hearing shall not be bound by the technical rules of evidence. Notwithstanding the above, the hearing shall be conducted in an orderly manner, and the hearing officer shall exclude all irrelevant, immaterial, and unduly repetitious evidence.
(J) A nonrefundable hearing fee of $50.00 shall accompany each appeal to the hearing officer filed pursuant to this Section.
('74 Code, § 9-9-18) (Ord. 3-1983; Am. Ord. 14-2000; Am. Ord. 38-2002)