(A) Any interested person may appeal a decision of the Director regarding an application for, or revocation of, an adult business permit, by filing a complete notice of appeal with the City Clerk within 15 days from the date notice of such decision is mailed. To be deemed complete, the appeal must:
(1) Be in writing, stating the grounds for disagreement with the Director's stated decision;
(2) Include the address to which notice is to be mailed;
(3) Be signed under penalty of perjury; and
(4) Be accompanied by the filing fee established by City Council resolution.
(B) If an appeal is timely filed, the City Clerk will cause to be set a date for the hearing of the appeal not more than 30 days from the date the appeal is received.
(1) The hearing will be a de novo hearing on the action appealed from.
(2) At the hearing, the appellant will have the right to offer testimonial, documentary and tangible evidence bearing upon the issues.
(3) The hearing officer will not be bound by the formal rules of evidence.
(4) Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.
(C) The hearing officer will issue written findings and a decision within ten days of the conclusion of the hearing, and send notice of the decision by certified mail to the appellant. The notice of the decision must include reference to the appellant's right to prompt judicial review under Cal. Civ. Proc. Code § 1094.8.
(D) The action by the hearing officer will be final unless timely judicial review is sought pursuant to Cal. Civ. Proc. Code § 1094.8.
(Ord. 4496, passed 5-29-07)