(A) An operator aggrieved by any notice, order or determination made by the Director under this subchapter may file a petition for review of such notice, order or determination detailing the operator's reasons for contesting the notice, order or determination. The petition must contain the name of the petitioner, the petitioner's address and the location of the lodging subject to the order, notice or determination.
(B) The petition for review must be filed with the City Clerk within ten days after the notice, order or determination for which review is sought has been mailed or served upon the person requesting review.
(C) Upon receipt of the petition the City Manager, or the City Manager’s designee, must set a date for a hearing and give the petitioner at least five days prior written notice of the date, time and place of the hearing.
(D) At the hearing, the petitioner must be given an opportunity to show cause why the notice, order or determination should be modified or withdrawn. The petitioner may be represented by counsel of petitioner's choosing at petitioner's own expense.
(E) The hearing must be conducted by the City Manager or the City Manager’s designee, provided only that the person conducting the hearing must not have participated in the drafting of the order, notice or determination for which review is sought.
(F) The person conducting the hearing must make written findings of fact and conclusions based upon the applicable sections of this chapter and evidence presented. The person conducting the hearing may affirm, reverse or modify the notice, order or determination made by the director.
(G) Any decision rendered by the City Manager pursuant to this section may be appealed to the City Council. A petitioner seeking to appeal a decision must file a written notice of appeal with the City Clerk within ten days after the decision has been mailed to the petitioner. The matter will thereupon be placed on the Council agenda as soon as is practical. The Council must then review the findings of fact and conclusions to determine whether they were correct. Upon a determination by the Council that findings and conclusions were incorrect, the Council may modify, reverse or affirm the decision of the City Manager or the City Manager’s designee upon the same standards as set forth in division (F) of this section.
('72 Code, § 285:75) (Ord. 1986-536(A), passed 7-28-86)