(A) Any operator aggrieved by any notice, order, or determination made by the Director under this chapter may file a petition for review of such notice, order, or determination detailing the operator's reasons for contesting the notice, order, or determination. The petition shall contain the name of the petitioner, the petitioner's address, and the location of the lodging subject to the order, notice, or determination.
(B) The petition for review shall be filed with the city within ten 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 Manager, or the Manager's designee, shall set a date for a hearing and give the petitioner at least five days' prior written notice of the date, time, and place of the hearing.
(D) 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petitioner shall be given an opportunity to show cause why the notice, order, or determination should be modified or withdrawn.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.
(E) The hearing shall be conducted by the City Manager, or the Manager's designee, provided only that the person conducting the hearing shall not have participated in the drafting of the order, notice, or determination for which review is sought.
(F) The person conducting the hearing shall make written findings of fact and conclusion based upon the applicable sections of this chapter and evidence presented. The person conducting the hearing may affirm, reverse, or modify the notice, order, or determination made by the Director.
(G) Any decision rendered by the City Administrator or Clerk, or the Manager's designee, pursuant to this section may be appealed to the City Council. A petitioner seeking to appeal the decision must file a written notice of appeal with the city within ten days after the decision has been mailed to the petitioner. The matter will thereupon be placed on the Council agenda as soon as it is practical. The Council shall then review the findings of fact and conclusions to determine whether they are correct. Upon a determination by the Council that the findings and conclusions are incorrect, the Council may modify, reverse, or affirm the decision of the City Manager, or the Manager's designee, upon the same standards as set forth in division (F) of this section.
(Ord. 20180621-03, passed 6-21-18)