A. Any owner or custodian of a publication vending machine or publisher of the publication contained therein may file a written request with the Director of Public Works, or his or her designee, for a hearing by the Municipal Code Appeals Committee for the purpose of demonstrating that a publication vending machine was illegally impounded, or that a violation as specified on the notice attached to a publication vending machine pursuant to § 9.08.630 has not in fact occurred.
B. Within five (5) working days from the date on which the request for hearing is received, the Director of Public Works, or his or her designee, shall notify the owner or custodian of the vending machine or publisher of the publication contained therein of the date, time and place of said hearing by certified mail, return receipt requested. Said hearing shall be set for a date within ten (10) working days of the mailing date of the notice.
C. At the time set for such hearing or at the date to which such hearing is continued, the Municipal Code Appeals Committee shall receive all evidence relevant to the occurrence or nonoccurrence of the specified violation(s), the compliance or noncompliance with any of the provisions of this Subchapter, and any other relevant information. Such hearing need not be conducted according to technical rules relating to evidence and witnesses. Oral evidence shall be taken only on oath or affirmation.
D. Within five (5) working days after the conclusion of the hearing, the Administrative Hearing Board shall issue, in writing, its decision and the Director of Public Works, or his or her designee, shall send by certified mail, return receipt requested, a copy of said decision to the owner or custodian of the vending machine or publisher of the publication contained therein.
E. A decision of the Municipal Code Appeals Committee may be appealed to the City Council. Appeals to the City Council shall be filed with the City Clerk within ten (10) working days of mailing of the decision and shall state the basis of such appeal. Appeals shall be acknowledged by the Clerk within five (5) days of receipt. The Council shall hear the appeal within thirty (30) days of receipt.
('65 Code, § 22-42) (Ord. No. 96-010 § 1 (part))