.010 Filing of Appeal. Any owner aggrieved by any adverse decision of the Community Preservation Manager pursuant to this chapter may appeal such decision to the City Manager of the City within 15 calendar days following the date of giving of notice of such decision by filing with the Community Preservation Manager a written notice of appeal briefly stating the grounds for such appeal. The notice of decision shall be deemed given on the date as provided in Section 7.52.050.030 of this chapter. Such appeal shall be deemed filed on the date the appeal is actually received in the office of the Community Preservation Manager accompanied by an appeal processing fee in an amount as set by resolution of the City Council. No appeal shall be accepted for filing and processing by the Community Preservation Manager unless accompanied by the appeal processing fee as established by the City Council.
.020 Notice of Hearing. If the appeal is timely filed, the Community Preservation Manager shall notify the City Manager who shall designate a Hearing Officer pursuant to Section 1.12.110 of this Code and such Hearing Officer shall cause the matter to be set for hearing which hearing date shall be within 30 calendar days following the date of receipt of such notice of appeal. The appellant shall be provided not less than ten calendar days written notice of the date, time and place of the hearing.
.030 Conduct of Hearing. The hearing shall be conducted informally and the legal rules of evidence shall not be applicable. The owner and the City shall each have the opportunity to present evidence and witnesses. The parties may each be represented by legal counsel or other representatives of their choice. No additional evidence or argument shall be received or considered following the conclusion of the hearing except as may be agreed by stipulation of the parties.
.040 Decision by Hearing Officer. The Hearing Officer shall render a decision on the appeal and adopt findings of fact in support of such decision within 30 calendar days following the conclusion of said hearing.
.050 Notice of Decision. The notice of decision of the Hearing Officer shall be deemed given on the date of personal delivery or on the date of the fax transmission to the appellant; notices given by the United States Postal Service, first-class mail, postage prepaid, shall be deemed given to the appellant on the third day following the date of deposit in the course of transmission with the United States Postal Service.
.060 Decision is Final. The decision of the Hearing Officer shall be final and conclusive on the date said decision is deemed given to the appellant as provided in subsection .050 above. (Ord. 6013 § 1 (part); February 7, 2006.)