(A) Any operator directly and materially adversely affected by any deficiency determination, redetermination or other decision or action of the City Recorder under this subchapter (“aggrieved operator”), may appeal the same to the City Council by filing a notice of appeal with the City Recorder within ten days after the City Recorder gives notice of the City Recorder’s decision to the affected operator (“appeal period”).
(B) Each deficiency determination, redetermination or other decision or action of the City Recorder under this subchapter is final and not subject to any further review or appeal unless within the appeal period, the aggrieved operator files notice of appeal with the City Recorder. The notice of appeal must specify the grounds on which the appeal is taken, and to the extent any of the grounds are founded on errors of law as opposed to factual errors, the notice of appeal must include the specific legal authority which supports each of the grounds raised. The notice of appeal must be accompanied by a non-refundable fee paid to the city to cover the costs and expenses of the city considering the appeal in the amount of $200.
(C) The City Recorder shall transmit the notice of appeal together with the file of the appealed matter to the City Council who shall fix a time and place for hearing such appeal. The City Recorder shall give the aggrieved operator not less than ten days’ written notice of the time and place of the hearing of the appealed matter, the City Council may continue the hearing from time to tome as may be necessary or appropriate.
(Ord. 2003-01, passed 2-4-2003)