(a) Right to Hearing. Any person aggrieved by any decision of the finance director or of any other officer of this city made pursuant to the provisions of this title may request an administrative hearing before the city manager or his or her designee within thirty days after notice of any such decision. An administrative hearing must be applied for and concluded prior to an appeal before the city council pursuant to Section 5.04.270, unless the city manager receives a written request from the city council to allow an appeal on any such matter to be taken directly to the city council.
(b) Failure to Request Administrative Hearing. In the event no request for administrative hearing is filed within the time prescribed in this section, the decision of the finance director shall become final and conclusive.
(c) Hearing Procedures. A written request for administrative hearing shall be filed with the city clerk, with such notice stating: (1) The name and address of the applicant; (2) the date of the decision in question; (3) the reasons for the hearing; and (4) the grounds relied upon for relief. The application shall be accompanied by a nonrefundable fee of one hundred dollars to cover the administrative costs of the hearing.
The city clerk shall set the matter for hearing not later than sixty days following the date of application. Notice of the time and place of the hearing shall be mailed to the applicant, postage prepaid, no later than ten days prior to the date set for hearing. The notice may also designate certain records of the applicant required to be produced at the time of the hearing.
(d) Administrative Hearing; Decision. At the administrative hearing prescribed by this section, the applicant and the city may submit any and all evidence as they believe to be relevant to their respective positions. The hearing officer may require the presentation of additional evidence from either the applicant or the city, or from both, and may continue the hearing from time to time for the purpose of allowing the presentation of additional evidence. Upon completion of the hearing, the hearing officer may take any action with respect to the decision of the finance director as evidence may require; however, the amount of the license fee shall not be increased unless a claim for an increase is asserted on behalf of the city either before or during the hearing by the finance director. Written notice of the decision of the hearing officer shall be given to the applicant within ten days of the conclusion of the hearing. The decision of the administrative hearing shall be final and conclusive upon all matters in controversy, unless an appeal is timely filed to the city council pursuant to the terms of this chapter.
(Ord. 383 § 3 Ex. B (part), 1986).