Any person or entity aggrieved by any decision or finding under the provisions of this chapter with respect to approving or to denying a Waste Management Plan or to granting or denying an application for an exception from compliance with this chapter, may appeal such decision or finding. An appeal must be filed within five (5) business days after the date of notice of any protested decision or finding, by filing with the Director of Maintenance Services a letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date 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 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, in order to show cause why the decision or finding should not be upheld. The burden of proof shall be upon the appellant to show that there was no substantial evidence to support the decision or finding appealed. At the conclusion of the hearing, the Hearing Officer shall make a final and conclusive determination based on written findings.
(Ord. 1096, passed 11-7-06)