(A) If the Director refuses to issue a permit, or revokes a permit, he/she shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of his/her action and a statement of the right to an appeal. The applicant or permit holder may appeal the decision of the Director to the City Manager by filing with the City Manager a written request for a hearing, setting forth the reasons for the appeal, within ten days after receipt of notice from the Director. The filing of a request for an appeal hearing with the City Manager stays an action of the Director in revoking a permit until the City Manager or his/her designated representative make a final decision. If a request for an appeal hearing is not made within the ten day period, the action of the Director is final.
(B) The City Manager or his/her representative shall serve as Hearing Officer at an appeal and consider evidence by an interested person. The formal rules of evidence do not apply at an appeal hearing and the Healing Officer shall make his or her decision at the basis of preponderance of the evidence presented at the hearing. The Hearing Officer must render a decision within 30 days after the request for an appeal hearing is filed. The Hearing Officer shall affirm, reverse, or modify the action of the Director. The decision of the Hearing Officer is final as to administrative remedies with the city.
(Ord. 080916E, passed 9-26-2008)