§ 93.10  APPEAL FROM DENIAL OR REVOCATION OF PERMIT.
   (A)   If the Town of Lakeside refuses to issue or renew a permit, or revokes a permit, it shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of his or her action and a statement of the right to an appeal.  The applicant or permit holder may appeal the decision of the Town of Lakeside by filing with the Town Secretary a written request for a hearing, setting forth the reasons for the appeal, within 15 days after receipt of the notice from the town.  The filing of a request for an appeal hearing with the Town Secretary stays an action of the town in revoking a permit until the Town Secretary or her designated representative makes a final decision.  If a request for an appeal hearing is not made within the 15-day period, the action of the town is final.
   (B)   The Town Secretary shall set a time and place for the hearing within 30 days after receipt of the written request, which shall be served upon the applicant or permit holder by certified mail, return receipt requested.  The time for hearing an appeal may be extended by agreement of the parties.  The Town Secretary or her designated representative shall serve as hearing officer at an appeal and consider evidence by any interested person.  The formal rules of evidence do not apply to an appeal hearing.  All parties to the hearing shall have the right to present evidence and shall have the right to cross-examination.  The hearing officer may recess and/or continue the hearing to receive additional evidence at the request of either party or the hearing officer.  The hearing officer shall make his or her decision on the basis of a preponderance of the evidence.  The hearing officer shall affirm, reverse, or modify the action of the town.  The decision of the hearing officer is final as to administrative remedies with the town.
(Ord. 120, passed 1-5-1989)