.010 Request for Administrative Hearing.
.0101 Any request for an administrative hearing to appeal the decision of the Planning Director (hereinafter "administrative determination") pursuant to this chapter (hereinafter "appeal") must be made in accordance with this section. Any appeal must be in writing, accompanied by any required fee or fees established by resolution of the City Council, and submitted to the City Clerk. Any such appeal must be received by the City Clerk within ten (10) calendar days of the date the written notice of the administrative determination being appealed is mailed (via first class delivery) to the interested and affected person.
.0102 The letter of appeal must state: (1) the specific administrative determination or action being challenged (including an identification of the date on which the administrative determination was issued); (2) the action appellant requests the city to take; (3) all factual and legal grounds which the appellant wishes the city to consider as reasons for the appeal (such grounds to be identified by the appellant shall include, without limitation, any and all constitutional or statutory claims); and (4) the name, address and telephone number of the appellant and any authorized representatives of the appellant.
.0103 Any administrative determination that is subject to the appeal provisions of this chapter shall be final unless appealed pursuant to the requirements of this chapter. Failure to timely request an administrative hearing, and/or to fully state all factual and legal grounds for the appeal, in the manner required by this chapter constitutes a waiver of the appeal and a failure to exhaust administrative remedies.
.0104 Any notices required by this chapter shall be served either: (1) by personal delivery to the person to be notified, or (2) by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the person to be notified at the person's last known business or residence address as determined by the Planning Director. The person effecting service of any notice under this section may memorialize the service by written declaration under penalty of perjury, declaring the date, time, and manner that service was made, and the date and place of posting, if applicable. The declaration, along with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to a copy of the notice of violation and retained by the Planning Director.
.020 Hearing Procedure.
.0201 Selection of Hearing Officer. After the receipt of a request for an appeal, the City Clerk shall designate an "Employee Hearing Officer", as established in paragraph .0101 of subsection .010 of Section 1.12.110 (Appointment of Hearing Officer) of this code, to hear the appeal at an administrative hearing.
.0202 Notice of Hearing. The hearing shall be conducted by the Employee Hearing Officer on the date, time, and location specified in the written notice of hearing delivered by the Planning Director to the appellant.
.0203 Continuances. The Employee Hearing Officer may continue a hearing from time to time, and may request additional information from the Planning Director or the appellant before issuing a decision.
.0204 Written Reports. All documents provided by the city in support of the determination that is the subject of the appeal shall be accepted by the Employee Hearing Officer as prima facie evidence of the facts stated in such documents. If the city submits any such documents to the Employee Hearing Officer, then a copy of the documents shall be served on the appellant at least five (5) days before the hearing.
.0205 Appearance by City Representatives. The Planning Director and other representatives of the city may, but need not, appear and present evidence at the hearing.
.0206 Failure to Appear. The failure of the appellant to appear at the hearing shall constitute a failure to exhaust his or her administrative remedies.
.0207 At the Hearing. At the hearing, the appellant shall be given the opportunity to testify and to present evidence concerning the determination that is the subject of the appeal, including any evidence to show cause why the action the appellant is asking the city to take should be taken, and the appellant shall raise any and all legal and factual issues and claims concerning the determination under this section that is the subject of the appeal. The hearing need not be conducted in accordance with the technical rules of evidence. Any relevant evidence may be admitted if it is evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might consider such admission improper in a civil action. The Employee Hearing Officer may exclude irrelevant or unduly repetitious evidence.
.030 Hearing Officer's Decision.
.0301 Decision. After considering the testimony and evidence presented at the hearing, the Employee Hearing Officer shall issue a written decision, based on the preponderance of evidence, to uphold or overturn the original determination that is the subject of appeal, including the findings on which the decision was made. If the determination is overturned, the Employee Hearing Officer may remand the action to the Planning Director with directions to modify the determination. The Employee Hearing Officer shall send a copy of the decision to the appellant and to the Planning Director.
.0302 Cost Recovery. The Employee Hearing Officer's written decision shall include a determination regarding fees and charges owed by the appellant, as required by this code.
.0303 Finality of Decision. The Employee Hearing Officer's decision is final and may not be appealed. The decision shall include information regarding the appellant's right to seek judicial review of the Employee Hearing Officer's decision. (Ord. 6374 § 1 (part); July 12, 2016: Ord. 6404 § 1 (part); April 4, 2017.)