(a) General provisions.
(1) When notice is required to be given to a person under this section, it shall be in writing and mailed certified mail, return receipt requested, to that person’s last known mailing address.
(2) Notice shall specify the date, time and place of the hearing.
(3) Notice shall be deemed received five days after it is placed in a mail receptacle of the United States Postal Service.
(4) For purposes of this section, the director shall be empowered to administer oaths and to promulgate procedural rules for the conduct of the hearing.
(5) Whenever any deadline specified in this section falls upon a Saturday, Sunday or a city-recognized holiday, the deadline shall be the next regular city business day.
(6) The date of an order or ruling required to be made under this section shall be deemed to be the date it is signed.
(7) The administrative remedies set forth in this section shall be in addition to any criminal penalties or other remedies provided in the ordinances of this city or the laws of this state.
(8) Decisions shall be made based on a preponderance of the evidence, with the city having the burden of proof.
(b) Conduct of hearings.
(1) Upon determining that cause exists to suspend or revoke a public swimming pool/spa permit, the director may schedule a hearing.
(2) Upon receipt of an appeal by a person whose public swimming pool/spa permit was denied or whose pool/spa was ordered closed, the director shall schedule a hearing for a time no later than ten days following receipt of the request.
(3) The director shall send notice of the hearing to the person and shall act as the hearing officer.
(4) After the conclusion of the hearing, the director shall make written findings of fact and conclusions of law and shall issue a written decision without undue delay.
(5) This hearing shall be deemed to exhaust the administrative remedies of the person aggrieved.
(Ord. 12156, § 1, passed 9-12-1995; Ord. 16313, § 17, passed 3-1-2005)