A. Right to Administrative Review. Any person aggrieved by a determination made or action taken by the Chief of Police pursuant to this chapter may apply for administrative review of such determination or action.
B. Applications for Administrative review. Applications for such administrative review shall be in writing and shall be filed in the office of the City Administrator no later than 15 days following the date such determination or action was made or taken, or where written notice of such determination or action is required to be served, the date such notice is served. However, the City Administrator may extend the time for filing an application for good cause shown. Each application shall identify the determination made or action taken for which review is sought, state the reasons why the applicant believes that such determination or action does not comply with the provisions of this chapter, and set forth the relief requested from such determination or action.
C. Decision on Application for Administrative Review. When an application for administrative review is filed under this section, the City Administrator shall consider the application and render a decision affirming, reversing or modifying the determination or action of the Chief of Police. Prior to rendering a decision, the City Administrator may, at his or her sole discretion, convene an informal hearing for the purpose of reviewing evidence or hearing arguments bearing on such decision. Notice of the date, time and place of such hearing shall be given to the Chief of Police and the person who filed the application for administrative review within a reasonable time prior to such hearing. After rendering a decision, the City Administrator shall promptly inform the Chief of Police of the decision and shall cause a notice of the decision to be served on the person who filed the application for administrative review.
D. Stay of Determination Made or Action Taken by the Chief of Police Pending Administrative Review. Any determination made or action taken by the Chief of Police in accordance with this chapter, except for an order to stop work issued by the Chief of Police or the commencement or prosecution of work by the Chief of Police to remove or remedy a condition in a public right-of-way or public service easement which threatens the safety of life or property, shall be stayed pending a decision of the City Administrator on an application for administrative review of such determination or action.
(Ord 679, 1998)