§ 53.46  APPEAL.
   (A)   Generally. Any person aggrieved by the denial of a discharge permit, a removal from the self-cleaner program, a termination of service, or the imposition of a civil penalty under this chapter shall have the right to appeal to the City Manager as provided by this section.
   (B)   Notice of appeal. The appellant shall initiate such appeal by filing a written notice with the Director and the City Secretary within ten days of the date of the notice of the decision from which the appeal is sought. The notice must briefly describe the decision being appealed, and shall set forth in clear and concise terms the basis for the complaint and the requested relief. The notice shall further set forth the mailing address, email address, fax and phone numbers at which the appellant wishes to receive communications related to the appeal.
   (C)   Notice of hearing. The City Manager or his or her designee, acting as Hearing Officer, will set a time and place for a hearing not to exceed 20 days from the time the notice of appeal is received. At least ten days prior to the hearing date the Hearing Officer shall give notice of the hearing to the appellant by personal service or by certified mail, return receipt requested addressed to the address specified in the notice of appeal.
   (D)   Hearing. The Hearing Officer shall receive all relevant evidence at the hearing. The Hearing Officer shall have the authority to administer oaths and issue orders compelling the attendance of witnesses and the production of documents. The appellant may appear in person or by counsel at the hearing, and may present evidence and argument in support of the appeal. The Director and the City Attorney shall likewise be entitled to present evidence and argument at the hearing in opposition to the appeal. If the appellant fails or refuses to appear, the City Manager may proceed to consider the matter and render a decision based on the evidence presented during the hearing. If the Hearing Officer determines that the appeal is well taken, the Hearing Officer shall have the authority to reverse or modify the determination under appeal.
   (E)   Decision. The Hearing Officer shall render a decision in writing within five days following the conclusion of the hearing. The Hearing Officer shall then cause one copy of the decision to be filed with the Director, one copy to be filed with the City Secretary, and one copy to be forwarded to the appellant by certified mail.
(Ord. 2011-01, passed 1-25-11)