.010 The decision of the Hearing Officer rendered in accordance with Section 6.16.030 may be appealed to the City Council by the owner of the property or by any member of the City Council. Notice of the appeal shall be filed with the City Clerk within ten (10) calendar days after the decision of the Hearing Office rendered in accordance with Section 6.16.030 has been served upon the owner. Late notices of appeal will not be considered. Hearings on such appeals shall be limited to those issues raised in the notice of appeal. Notice of the hearing on an appeal shall be served upon the owner by the City Clerk not less than ten (10) calendar days prior thereto.
.020 The filing of a timely notice of appeal shall stay any further proceedings under the determination appealed from until the City Council or its appointed Hearing Officer (as the case may be) has made its determination.
.030 Pursuant to Section 1.12.110, the City Council may appoint a Hearing Officer to conduct such appeal hearings; provided, however, that the Hearing Officer shall not be the same Hearing Officer who rendered the decision from which the appeal is being taken.
.040 At the hearing, the owner shall be given the opportunity to testify and to present evidence concerning the determination that is the subject of the appeal. The owner shall raise any and all legal and factual issues and claims concerning the determination 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.
.050 After considering the testimony and evidence presented at the hearing, the City Council or its appointed Hearing Officer (as the case may be) shall issue a written decision, including the findings on which the decision was made, based on the preponderance of evidence, to uphold or overturn the original determination that is the subject of appeal. If the determination is overturned, the City Council or its appointed Hearing Officer (as the case may be) may remand the action to the designated officer with directions to modify the determination.
.060 The decision made by the City Council or its appointed Hearing Officer (as the case may be) shall become final and conclusive when served upon the owner. (Ord. 6430 § 1 (part); March 6, 2018.)