A. Any appeal provided for under § 11.04.030 of this Chapter shall be conducted in accordance with the provisions of this section.
B. An alarm user may appeal the suspension or revocation of an alarm permit, by filing a written notice of appeal with the City Clerk, within fifteen (15) days from date of the notice of suspension or revocation of the permit. A notice of appeal shall be accompanied by an appeal fee established by resolution of the City Council.
C. Failure of any person to file a timely appeal or to pay the appeal fee shall constitute an irrevocable waiver of the right to an administrative hearing, a failure to exhaust administrative remedies, and a final adjudication of the notice suspending or revoking an alarm permit.
D. The notice of appeal shall specify the grounds of the appeal and shall provide the appellant's address and telephone number, with a statement that the appellant agrees to accept service at such address of the written notice of the time and place of the appeal hearing and the determination of the hearing officer, who shall be the City Manager or his or her designee, or an appointed hearing officer.
E. Upon receipt of a timely appeal, the hearing officer shall set the matter for an informal hearing at the earliest practical date, not less than fifteen (15) or more than sixty (60) days from the date of the notice of appeal. Not less than seven (7) days prior to the date of hearing, the hearing officer shall send written notice of the hearing by first-class mail to the appellant.
F. The hearing shall be conducted informally and the rules of evidence and discovery do not apply. The hearing officer shall hear any relevant information presented by the appellant or the Police Department, and using the preponderance of evidence standard, may uphold, modify or rescind the notice of suspension or
revocation. The hearing officer may conduct the hearing by telephone if agreed to by appellant. The hearing officer shall provide the appellant a written decision, stating the grounds for the decision, within ten (10) days from the date of the hearing. The decision of the hearing officer is the final decision of the City, and shall be sent by first-class mail to the appellant.
(Ord. No. 2016-008 § 2 (part))