A person to whom a notice of exclusion is issued shall have a right to appeal as follows:
(A) Appeals shall be made to the Village Manager. Any hearings regarding such appeals shall be conducted in accordance with hearing procedures adopted by the Village Manager.
(B) Copies of documents in the Village's control which are intended to be used at the hearing shall be made available, upon request, to the appellant.
(C) An appeal of a 90-day notice of exclusion must be filed, in writing, with the Village Manager by 5:00 p.m. of the fifth business day following issuance of the notice of exclusion.
(D) An appeal of a 1-year guilt-based exclusion must be filed, in writing, with the Village Manager by 5:00 p.m. of the fifth business day following the date of entry of the finding or plea.
(E) An appeal of:
(1) A denial of a request for a variance subsequent to the initial notice of exclusion; or
(2) A denial of a request for an amendment to a variance; or
(3) A revocation of a variance, must be filed, in writing, by 5:00 p.m. of the fifth business day following the action regarding the variance.
(F) A 90-day exclusion shall not take effect during the time that an appeal of the 90-day exclusion is pending. If no appeal is taken, the initial 90-day exclusion shall take effect at 12:01 a.m. on the eighth calendar day following the issuance of the notice of exclusion.
(G) A 1-year guilt-based exclusion shall take effect at 12:01 a.m. on the calendar day following the date of the finding or plea and, notwithstanding an appeal of the exclusion, shall remain in effect unless the Village Manager issues a contrary decision.
(H) At the hearing on an appeal of a 90-day exclusion, the Village shall have the burden to show by a preponderance of the evidence that the appellant committed any of the offenses enumerated in § 131.06(A), and that the conduct supporting the exclusion occurred within a prostitution-free zone.
(I) At the hearing on an appeal of a 1-year guilt-based exclusion, the Village shall have the burden to show by a preponderance of the evidence that the appellant was found guilty or entered a plea of guilty for any of the offenses enumerated in § 131.06(A), and that the conduct supporting the finding or plea occurred within a prostitution-free zone. The entry of an order of supervision upon a finding of guilt or plea of guilty shall have no adverse impact on the validity of the exclusion.
(J) At the hearing on an appeal of a denial of a request for a variance or denial of a request for an amendment to a variance as provided in divisions (E)(1) and (E)(2) of this section, the Village shall have the burden to show by a preponderance of the evidence that the denial was in accordance with this section.
(K) At the hearing on an appeal of a revocation of a variance as provided in division (E)(3) of this section, the Village shall have the burden to show by a preponderance of the evidence that any of the conditions enumerated in § 131.10(B) supporting revocation existed at the time of revocation.
(L) At the hearing on an appeal of a 90-day exclusion, the following shall be prima facie evidence that the exclusion was based on probable cause to believe that the appellant committed any of the offenses enumerated in § 131.06(A):
(1) A determination by a court having jurisdiction over the offense that forms the basis for the exclusion, that probable cause existed to arrest the person to whom the initial 90-day notice of exclusion was issued for violation of any of the offenses enumerated in § 131.06(A); or
(2) An accusatory instrument charging the person to whom a 90-day notice of exclusion was issued, for violation of any of the offenses enumerated in § 131.06(A).
(M) At the hearing on an appeal of a 1-year guilt-based exclusion, a judgment indicating a finding of guilt or a plea of guilty for any of the offenses that formed the basis for the exclusion, as enumerated in § 131.06(A), shall be conclusive evidence that the described conduct occurred. The entry of an order of supervision upon a finding of guilt or plea of guilty shall have no adverse impact on the validity of the exclusion.
(Ord. C0-05-09, passed 3-7-2005)