(A) Any operator aggrieved by any notice, order or determination made by the city under this subchapter may file a petition for review detailing the operator’s reasons for contesting the notice, order, or determination. The petition shall contain the petitioner’s name and address and the location of the subject lodging.
(B) The petition for review shall be filed with the City Administrator within 10 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 5 days prior written notice of the date, time and place of the hearing.
(D) The mediator for the hearing shall be mutually selected by both parties from a list provided by State of Minnesota Bureau of Mediation Services. The cost of such shall be borne equally by both parties.
(E) 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the petitioner shall be given an opportunity to show cause why the notice, order or determination should be modified or withdrawn.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 petitioner’s choosing at petitioner’s own expense.
(F) Any disputes shall be conducted in accordance with principles and rules of the American Arbitration Association.
(G) The Hearing Examiner conducting the hearing shall make written findings of fact and conclusions based upon the applicable provisions of this subchapter and the evidence presented. The person conducting the hearing may affirm, reverse, or modify the notice, order or determination made by the city.
(H) 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 10 days after the decision has been mailed to the petitioner. The matter will thereupon be placed on the Council agenda as soon as practical. The Council shall then review the findings of fact and conclusions to determine whether they were correct. The Council may modify, reverse or affirm the decision of the Hearing Examiner upon the same standards as set forth in division (F) of this section.
(1998 Code, § 5.26, Subd. 16) (Ord. 57, 5th Series, eff. 1-3-1996)