Any person or entity aggrieved by a finding, determination, notice or action taken under the provisions of the division, other than for an offense or violation, may file an appeal in writing with the city manager or that individual's authorized representative. An appeal must be filed within five days after receipt of notice of any protested decision or action by filing with the office of the city manager a letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date no more than 15 days after receipt of the letter of appeal unless extended by mutual agreement of the parties. Appellant shall be given at least five days' notice of the time and place of the hearing. The city manager or authorized representative shall give the appellant, and any other affected party, a reasonable opportunity to be heard, in order to show cause why the determination of the regulatory health agency should not be upheld. In all such cases the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the action taken by the regulatory health agency. The city manager or authorized representative shall make his or her determination and shall notify the appellant in writing of his or her determination. The decision of the city manager or authorized representative shall be final.
(Ord. 22242-05-2016, § 4, passed 5-24-2016)