Any permittee, owner or other person served with notice or an order or otherwise aggrieved under the provisions of this chapter, may appeal the notice or order in the following manner:
(A) An appeal must be filed in writing with the Director of the Inspections Department within thirty (30) days after service of the written notice or order of the Director of the Inspections Department on the petitioner. The written appeal shall identify the application of the article at issue and provide the reasons the petitioner contends that it was wrongly applied and any supporting documentation.
(B) Unless the Director of Inspections decides to summarily allow the requested relief based on the appeal request, the City Manager, or designee, shall schedule an appeal hearing within ten days of receipt of the written appeal. The appeal hearing shall be conducted by the City Manager, or designee, and the hearing officer shall consider both the applicable code provisions and equitable factors in resolving the appeal.
(C) An appeal may be taken from any decision of the hearing officer by giving notice of appeal to the City Council within thirty (30) days after service of the written decision of the hearing officer. Notice of appeal shall be given by delivery of a written statement to the City Manager stating the grounds for the appeal and providing the City Manager with a copy of the written decision of the hearing officer. The written appeal shall identify the application the article at issue and provide the reasons the petitioner contends that it was wrongly applied. The Director of the Inspection Department shall transmit to the City Manager all documents constituting the record upon which the decision by the hearing officer was made.
(D) The City Council shall fix a reasonable time for the presentation of oral arguments by the parties and shall give due notice to the petitioner and the City Manager. After consideration of the hearing officer's decision, including any equitable factors applied by the hearing officer, and the record of the proceeding, the City Council shall issue a written determination, within a reasonable time, stating whether the disputed application of the article will be approved without change or modified or reversed.
(E) All decisions of the Director of the Inspections Department, hearing officer, and City Council shall be served on the petitioner as provided herein.
(F) The enforcement of an order issued by the Inspections Department which includes the revocation of a residential rental occupancy permit shall be stayed upon the filing of an appeal and until a final order is issued by the Director of the Inspections Department, hearing officer, or City Council.
(Ord. O-2009-24, passed 7-21-09)