Any person or entity aggrieved by any decision under the provisions of this chapter with respect to approval or denial of a Waste Management Plan, or an application for an exception from compliance with this chapter, may appeal such decision by filing a letter of appeal with the Director of Maintenance Services briefly stating therein the basis for such appeal. The letter of appeal must be received within five (5) business days of the date of the appealed decision. A hearing shall be held no more than ten (10) business days after receipt of the letter of appeal. The appellant shall be given at least five (5) business days notice by mail of the time and place of the hearing. A Hearing Officer having no involvement in the decision being appealed shall be appointed by the City Manager. At the hearing, the appellant and any other interested party shall have a reasonable opportunity to be heard and to present evidence as to why the decision should not be affirmed. The burden of proof shall be upon the appellant to show that there was no substantial evidence to support the appealed decision. Within three (3) business days of the conclusion of the hearing, the Hearing Officer shall affirm, reverse or modify the appealed decision based on written findings, and shall forward a copy of the written decision to the appellant. The Hearing Officer's decision shall be final.
(Ord. 1097, passed 2-6-07)