A. The owner or operator of a noise source who has been cited in violation of the provisions of this chapter may appeal the citation to the City Council. Within 15 days following receipt of a notice of appeal, the City Clerk shall forward to the City Council the recommendation of the Director of Development Services, the notice of appeal, and all evidence concerning the appeal received by the Director. In addition, any person may file with the City Council written arguments supporting or attacking the citation. The City Clerk shall mail to the applicant and the complainant a notice of the date set for hearing of the appeal. The notice shall be mailed at least ten days prior to the hearing date.
B. Within 60 days following its receipt of the notice of the appeal, the City Council shall affirm, modify or reverse the citation. The decision shall be based upon the evaluation by the City Council of the matter. As part of its decision, the City Council may direct the Director of Development Services to conduct further proceedings on the appeal. Failure of the City Council to affirm, modify or reverse the citation within the 60-day period shall constitute an affirmation of the citation.
(Ord. 2982, 2001)