The Chief of Police may waive or modify any or all of the requirements or prohibitions provided in § 5.41.100(A), § 5.42.110.(A) and (E) and § 5.42.030(A)(1) through (6) subject to any such waiver or modification being appealed by any person aggrieved thereby to the City Council in accordance with the procedures stated in § 5.42.060; provided, however, the appellant shall file with the City Clerk a written notice of appeal from the Chief’s determination within ten days after the determination, addressed to the Council, requesting a public hearing before the Council on the appeal and stating therein the factual and legal grounds upon which he or she alleges the Chief made an improper determination. After a public hearing has been set on the appeal, the City Clerk shall send by certified mail to the appellant a notice of the time, date and place of the hearing. At the hearing, the appellant may present evidence in support of his or her appeal. The burden of proof shall be upon the appellant. The Council shall not later than 15 days after the conclusion of the hearing either affirm, reverse or modify the Chief’s determination by formal motion. The Council’s decision by the motion shall be final and conclusive.
(`78 Code, § 5.42.140.) (Ord. 1597 § 1 (part), 1981.)