(A) Any operator aggrieved by any notice, order or determination made by the City Finance Officer under this chapter may file a petition for review of that notice, order or determination, detailing the operator’s reasons for contesting the notice, order or determination. The petition shall contain the name of the petitioner, the petitioner’s address and the location of the lodging subject to the order, notice or determination.
(B) The petition for review shall be filed with the City Administrator within ten days after the notice, order or determination for which review is sought has been mailed or served upon the person requesting review.
(C) Upon receipt of the petition, the City Administrator, or his or her designee, shall set a date for a hearing and give the petitioner at least five days’ prior written notice of the date, time and place of the hearing.
(D) At the hearing, the petitioner shall be given an opportunity to show cause why the notice, order or determination should be modified or withdrawn. The petitioner may be represented by counsel of the petitioner’s choosing at the petitioner’s own expense.
(E) Any disputes shall be conducted in accordance with principles and rules of the American Arbitration Association.
(F) The hearing examiner conducting the hearing shall make written findings of fact and conclusions based upon the applicable provisions of this chapter and the evidence presented. The person conducting the hearing may affirm, reverse or modify the notice, order or determination made by the City Finance Officer.
(G) Any decision rendered by the hearing examiner pursuant to this section may be appealed to the Council. A petitioner seeking to appeal a decision must file a written notice of appeal with the City Administrator within ten days after the decision has been mailed to the petitioner. The matter will thereupon be placed on the Council agenda as soon as practicable. The Council shall then review the findings of fact and conclusions to determine whether they were correct. Upon a determination by the Council that findings and conclusions were incorrect, the Council may modify, reverse or affirm the decision of the hearing examiner or his or her designee upon the same standards as set forth above in division (F) above.
(2004 Code, § 116.39) (Ord. 801, passed 2-22-1989)