(A) The right to appeal to the Chief Executive Officer shall terminate upon the expiration of 15 calendar days from the date service of the above notice. The appeal shall be personally delivered to or sent by certified mail to the office of the City Clerk. The time for filing an appeal shall begin from the date of personal service or the date of acknowledgment on the certified mail of the above notice.
(B) In the event an appeal is timely filed, the suspension or revocation shall not become effective until a final decision has been rendered by the Chief Executive Officer. If no appeal is filed, the suspension or revocation shall become effective upon the expiration of the period for filing an appeal.
(C) The Chief Executive Officer shall set a date, time and place for a hearing on appeal and shall notify the appellant of such date, time and place of the hearing. Said notice shall be sent by certified mail with proof of service attached, to the appellant, applicant or permittee at least ten calendar days prior to the date of the hearing, addressed to the address listed on the respective application or, the address given in the notice of appeal. The appellant, applicant or permittee shall be entitled to notice of the basis for the proposed action, a copy of the documents upon which the notice was based and will have the opportunity to present contrary evidence at the hearing.
(D) The Chief Executive Officer, in his sole discretion, may grant or deny a request for a continuance.
(E) The Chief Executive Officer shall preside over the hearing on appeal or, in the alternative, the Chief Executive Officer may appoint a hearing officer to conduct the hearing and receive relevant evidence. The Chief Executive Officer or his designee shall render a written decision within 45 calendar days from the date of the hearing. The decision of the Chief Executive Officer or his designee shall be final.
(F) The following rules and evidence shall apply at the hearing:
(1) Oral evidence shall be taken only under oath or affirmation. The Chief Executive Officer or designee shall have authority to administer oaths, and to receive and rule on admissibility of evidence.
(2) Each party shall have the right to call and examine witnesses, to introduce exhibits, and to cross-examine opposing witnesses who have testified under direct examination. The Chief Executive Officer or his or her designee may also call and examine any witness.
(3) Technical rules relating to evidence and witnesses shall not apply to hearings provided for in this chapter. Any relevant evidence may be admitted if it is material and is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule that might make admission of such evidence improper over objection in civil actions. Hearsay testimony may be admissible and used for the purpose of supplementing or explaining any evidence given in direct examination, but shall not be sufficient in itself to support a finding unless such testimony would be admissible over objection in civil actions. The rules of privilege shall be applicable to the extent they are now, or are hereafter permitted in civil actions. Irrelevant, collateral, undue, and repetitious testimony shall be excluded.
(Ord. 1233, passed 5-4-04)