(a) If the chief refuses to issue or renew a permit, or revokes a permit, he or she shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of his or her action and a statement of the right to an appeal. The applicant or permit holder may resolve the situation as outlined in § 12-5 if eligible or appeal the decision of the chief to the city manager by filing with the city manager a written request for a hearing setting forth the reasons for the appeal, within ten days after receipt of the notice from the chief. The filing of a request for an appeal hearing with the city manager stays the action of the chief in revoking a permit until the city manager or his or her designated representative makes a final decision. If a request for an appeal hearing is not made within the ten-day period, the action of the chief is final.
(b) The city manager shall set a time and place for the hearing, which shall be served upon the applicant or permit holder by certified mail, return receipt requested. The city manager or his or her representative shall serve as hearing officer at an appeal and consider evidence by any interested person. The formal rules of evidence do not apply at an appeal hearing. All parties to the hearing shall have the right to present evidence and shall have the right of cross-examination. The hearing officer shall make his or her decision on the basis of a preponderance of the evidence within 15 days after the request for an appeal hearing is filed. The time for hearing an appeal may be extended by agreement of the parties. The hearing officer shall affirm, reverse or modify the action of the chief. The decision of the hearing officer is final as to administrative remedies with the city.
(Ord. 15750, § 1, passed 11-18-2003; Ord. 16908, § 5, passed 4-25-2006)