§ 123.17  APPEAL.
   (A)   A person aggrieved by a decision to refuse an application for an original or renewal certificate of registration, or by an administrative disciplinary action under this chapter, shall have the right to appeal as provided in this section.
   (B)   The initial appeal shall be to the City Manager.
      (1)   The appellant shall initiate such appeal by filing a written notice with the Building Official and the City Secretary, briefly describing the decision being appealed, and setting forth the address, fax and phone numbers at which the appellant wishes to receive communications related to the appeal.  The person seeking the appeal must file the notice within ten days of the date of the notice of the decision from which the appeal is sought.
      (2)   Within five days after the filing of the notice of appeal, the Building Official shall file with the City Secretary a sworn, written complaint setting out the charges.
      (3)   Upon receipt of the Building Official's complaint, the City Secretary shall set a hearing at a specified time and place not more than 21 days following receipt of the notice of appeal, and shall cause a copy of the complaint and notice of setting for the hearing to be served upon the appellant by certified mail, return receipt requested, no less than ten days before the date appointed in the notice of setting.
      (4)   The Building Official and the City Attorney shall be entitled to present evidence and argument at such hearing.
      (5)   The appellant may appear in person, or by counsel, at the time and place named in the notice of setting and may make a defense to the charges.  If the appellant fails or refuses to appear, the City Manager may proceed to hear and determine the charges.
      (6)   The hearing shall be recorded by an audio recording device.
      (7)   When the City Manager has completed such hearing and made a decision, he or she shall cause one copy of the decision to be filed with the Building Official and one copy to be forwarded to the appellant by certified mail.
   (C)   Any person aggrieved by a decision of the City Manager under this chapter shall have a right to petition for review by the City Council.
      (1)   The appellant shall initiate such appeal by filing a written notice with the City Secretary.  The notice must be filed within ten days of the date of the City Manager's decision.
      (2)   The City Secretary shall set the matter for review by the City Council at a specified time and place not more than 14 days following receipt of the notice of appeal, and shall cause a copy of the complaint and notice of setting for the hearing to be served upon the appellant by certified mail, return receipt requested, no less than seven days before the date appointed in the notice of setting.
      (3)   The City Manager shall furnish the City Council with all reports, memoranda, recordings and other evidence received at the hearing, as well as a summary of the evidence and his findings.
      (4)   The City Council deliberation shall be conducted in accordance with the Texas Open Meetings Act.
      (5)   The City Council shall determine the appeal based upon the substantial evidence received by the City Manager and may by majority vote affirm, modify or reverse such decision.  Oral argument may be granted either on a party's request or by the City Council's own initiative.  When the City Council has made a decision, it shall cause one copy of the decision to be filed with the Building Official and one copy to be forwarded to the appellant by certified mail.
(Ord. 2009-26, passed 8-11-09)