(a) Appeal. Any person who requested a hearing, within five business days after notice of the decision is given pursuant to this chapter, may appeal such decision to the city council.
(b) Contents of Appeal. The appeal shall be in writing, shall state the legal and factual basis upon which the appeal is to be based, and shall be filed with the city clerk, who shall immediately forward the appeal, together with a copy of the decision, to the city council.
(c) Stay Pending Appeal. A timely appeal of the decision shall operate to stay any impounding pending action taken on the appeal by the city council pursuant to this section.
(d) Action by Council. Within thirty business days following receipt of the appeal and decision, and as soon as practical, the city council may take any one of the following actions:
(1) Grant a stay of the decision or any impounding pending further consideration by the city council;
(2) Approve the decision and order;
(3) Refer the matter back to the city manager with or without instructions;
(4) Set the matter for public hearing before itself. Such public hearing shall be held de novo as if no hearing previously had been held.
(e) Stay Pending Action by Council. Action taken by the city council pursuant to subsections (d)(3) or (d)(4) of this section shall operate to stay the decision or any impounding pending final resolution of the issues of whether the newsrack was in violation of this chapter or whether the newsrack should be returned without payment of an impound fee.
(f) Effective Date of Council Action. Action taken by the city council pursuant to subsection (d)(2) of this section shall be effective two business days after said action is taken.
(Ord. 789 § 4 (part), 1999)