A. Administrative Review:
1. Petition For Review: Any operator who is aggrieved by any notice, order, or determination made by the city under this chapter may file a petition for administrative review of such notice, order or determination detailing the operator's reasons for contesting the order, notice, or determination. The petition shall contain the name of the operator, the operator's address, and the location of the lodging establishment subject to the order, notice or determination. The petition for review shall be filed with the city clerk within thirty (30) days after the notice, order, or determination has been served upon the operator.
2. Hearing: Upon receipt of the petition, the city administrator, or the administrator's designee, shall set a date for a hearing and give the operator at least fourteen (14) days' prior written notice of the date, time, and place of the hearing. At the hearing, the operator has the burden to prove that the notice, order, or determination is in error. The operator may be represented by counsel of the operator's choosing at the operator's own expense. The hearing shall be conducted by the city administrator or administrator's designee, provided only that person conducting the hearing shall not have participated in the drafting of the notice, order or determination for which review is sought.
3. Decision: The notice, order or determination made by the city may be affirmed, reversed, or modified. Any decision rendered by the city administrator pursuant to this chapter shall be supported by written findings of fact and conclusions based upon the applicable provisions of this chapter and the evidence presented.
B. Appeal: The operator shall have the right to appeal to the city council upon filing a written notice of appeal with the city clerk within ten (10) days after the administrator's decision has been sent to the operator. The matter will thereupon be placed on the council agenda as soon as is practical, and the operator shall be given fourteen (14) days' notice of the council hearing. The council's standard of review of the administrator's decision shall be on the record, and the operator shall have the burden to prove the city's notice, order, or determination is in error. The council may modify, reverse, or affirm the decision of the city administrator. (Ord. 1015, 10-8-2001, eff. 12-1-2001)