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(A) A person receiving a notice of exclusion under § 92.31 may file a written appeal with the Municipal Court within five business days of the issuance of the notice to have the exclusion rescinded or the exclusion period shortened.
(B) The written appeal shall contain:
(1) Appellant’s name;
(2) Appellant’s mailing address and contact information;
(3) A concise statement of the basis on which the decision to exclude is invalid, unauthorized, or otherwise improper; and
(4) A copy of the notice of exclusion.
(C) The Municipal Court shall set a date and time for the appeal hearing not less than seven days nor more than 21 days after the receipt of a properly and timely filed appeal. The Municipal Court may alter the date and time for the hearing on its own motion or at the request of the appellant or city for good cause.
(D) If an appeal of the exclusion is timely filed under division (A) above, the notice automatically stays the exclusion period until the Municipal Court issues a decision on the appeal.
(E) The city has the burden to show by a preponderance of evidence that the exclusion is warranted given the totality of the circumstances.
(F) The Municipal Court shall issue the Court’s determination in writing and provide a copy to the city and appellant.
(Ord. 2016-13, passed 7-11-2016)