A. Appeal of an exclusion notice shall be to the Municipal Judge.
B. Initiation of an appeal of an exclusion notice shall be filed within 5 days from the date of the exclusion notice with the Municipal Court Clerk. The Municipal Judge may waive this requirement for good cause shown.
C. The request for an appeal hearing shall be in writing and shall contain either a copy or a full and complete description of the notice of exclusion and a statement of the grounds upon which it is contended that the decision to exclude is invalid, unauthorized or otherwise improper.
D. Upon receipt of a request for an appeal hearing, the Municipal Court Clerk shall schedule a hearing before the Judge within 14 days after receipt of the request. Notice of the hearing time and date shall be given to the person requesting the hearing and to the person issuing the exclusion notice.
E. At the hearing, the Judge may determine the matter without hearing upon the record. The Judge may sustain, reverse or modify the exclusion notice appealed from in his or her judgment.
F. The determination of the Municipal Judge is a quasi-judicial decision and is not appealable to the City Council: appeals from any determination by the Municipal Judge shall be by writ of review to the Circuit Court of Clackamas County, Oregon as provided in O.R.S. 34.010 through 34.100.
(Ord. 1110, passed 2-5-2003)