(Amended by Ord. No. 182,718, Eff. 10/30/13.)
A. After, or concurrently with, HCID's determination of whether a building is a Residential Hotel, HCID shall determine whether the Residential Hotel contains only Residential Units or some Tourist Units.
B. HCID shall notify the Owner of any building that it classifies as a Residential Hotel whether any units in the Residential Hotel have been determined to be Tourist Units. HCID shall include in the notification a copy of this article and the appeal form referenced in Subsection C. of this section. HCID shall mail the notice to the Owner at the address that appears in the last equalized assessment roll or at the address provided to HCID through any registration in accordance with Section 151.05. The Owner shall immediately post the notice until the time for appealing such determination expires.
C. An Owner of a Residential Hotel or Interested Party who alleges that a Tourist Unit or Residential Unit determination is incorrect may file an appeal with HCID within 60 days of the date that HCID deposited its notification in the mail pursuant to Subsection B. of this section. Any such appeal shall be limited to the issue of the alleged improper determination of units as Residential or Tourist.
1. An appellant who files an appeal shall do so on a form prescribed by HCID and shall pay an administrative fee in the amount of $988. (First Sentence Amended by Ord. No. 180,867, Eff. 10/18/09.) The fee shall pay for the cost of investigating and processing the appeal.
2. The appellant shall submit evidence with the appeal. An appellant who claims that the designation of the number of units as Residential or Tourist Units was incorrect shall identify the specific units it claims are incorrectly designated.
3. The Appellant has the burden of proving by a preponderance of the evidence that the units were misdesignated. Tenants, Interested Parties and the Owner if the Owner is not the appellant, may submit evidence to HCID.
4. Within 15 days of the filing of the appeal, HCID shall provide the appellant, and any Interested Party requesting such information, all information HCID relied upon in the determination from which the appeal is made, except that the Owner's confidential financial or proprietary information shall not be disclosed to any Person other than the Owner. Within 20 days from receipt of such information, additional information may be submitted to HCID.
5. On the date that the Owner files the appeal, or as soon as HCID notifies an Owner that an Interested Party has filed an appeal, the Owner shall post a notice on a form prescribed by HCID. The notice shall state that the appellant has appealed the City's Residential Unit Status Determination. The notice shall identify the grounds for the appeal and shall identify any rooms that the appellant contends were misdesignated and what the alleged correct designation should have been. The notice shall provide the name and contact number of HCID staff an Owner or Interested Party can contact to provide additional evidence and information regarding the appeal. HCID shall also mail a copy of the notice to the occupants of the building subject to the appeal. The notice shall remain posted until after HCID issues a written determination regarding the appeal.
6. HCID shall issue a determination of the appeal based on the evidence submitted within 90 days of the filing of the appeal. The basis for the determination shall be described therein. HCID shall mail a copy of the determination to the Owner, the occupants of the units claimed as Tourist Units by the Owner, and any Interested Party who filed an appeal or submitted evidence pursuant to this section.
D. An Owner or any Interested Party who presented evidence pursuant to this section may appeal HCID's determination to a General Manager's Hearing Officer pursuant to the provisions of Section 47.84. The Owner shall post HCID's determination until the time for filing any appeal expires. The appeal shall be filed at HCID within 15 calendar days after HCID mails its determination. HCID's determination shall be final if a timely appeal is not filed.