A. Purpose: The provisions of this section shall be used to address any violations of this chapter or any requests to deviate from the requirements of this chapter.
B. Authority: In any case where, upon application of responsible persons, the council finds that by reason of exceptional circumstances, the strict enforcement of any provisions of this chapter would cause undue hardship and would be unreasonable, impractical or not feasible, the council, in its discretion, may permit an appeal therefrom. Such appeals may be reviewed periodically and rescinded or altered as necessary to protect the public health or eliminate nuisance conditions.
C. Appeal From Suspension Of License: Any person whose license to operate a manufactured home park or recreational camping area has been suspended, or who has received notice from the city that the person's license is to be suspended or revoked unless existing conditions or practices are corrected, may request and shall be granted a hearing on the matter before the appeals board, provided that if no petition for such hearing is filed within ten (10) days following the date on which such license was suspended, such license shall be deemed to have been revoked.
D. Appeals Board: The appeals board shall be the board of adjustment and appeals established by title 10, chapter 7 of this code.
E. Hearing Provisions:
1. Request For Hearing: Any person affected by a notice of suspension or emergency order which has been issued and served shall be granted a hearing on the matter before the appeals board upon filing with the city, written petition requesting such hearing and setting forth a brief statement on the grounds therefor. Said petition shall be filed within ten (10) days after the notice was served.
2. Date Of Hearing: The hearing requested shall be held not more than ten (10) days after the date on which the petition was filed. The chair of the appeals board may postpone the date of the hearing for a reasonable time beyond such ten (10) day period if, in the chair's judgment, a good and sufficient reason exists for such postponement.
3. Notice Of Hearing: The city shall cause five (5) days' written notice of the hearing to be given to the petitioner or petitioners by personal service or by mailing to the petitioner's last known address.
4. Proceedings: At such hearing, the petitioner, or the petitioner's agent or attorney, shall be given an opportunity to be heard and to show cause why the notice of suspension or emergency order issued by the city should be modified or withdrawn. The city staff shall present a detailed, written statement of their findings and decision to the appeals board at the time of the hearing.
F. Decisions Of The Appeals Board: After such hearing, the appeals board shall sustain, modify or withdraw the notice of suspension or emergency order, depending upon its findings as to whether the licensed establishment is being operated in compliance with the provisions of this chapter. A copy of the decisions of the appeals board shall be served by mail to the petitioner or petitioners. Any person aggrieved by the decision of the appeals board may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the state.
G. Record Of Proceedings: The proceedings of each hearing held before the appeals board pursuant to petition, including the findings and the decision of the city, shall be recorded and reduced to writing and entered as a public record. Such record shall include a copy of every notice, order or writing issued in connection with the matter.
H. Notices Not Appealed: Any notice served pursuant to the provisions of this chapter shall automatically become final if written petition for a hearing is not filed with the city within ten (10) days after notice is served. (Ord. 2010-6, 7-12-2010)