312.08 APPEAL.

   (a)    Subject Matter. Applicants may appeal the following to the Safety and Human Resource Committee of Council on a form prescribed by the City Manager and available in his/her

office:

(1)    Denial of access to a park or other public location.

(2)    Refusal to issue a permit or revocation thereof.

(3)    Any condition or restriction placed upon the permit by the City Manager.

   (b)    Time of Filing. Notice of appeal shall be filed with the City Finance Director with the payment of a fee of thirty-five dollars ($35.00) and shall be received by that office within ten days of the date of the order of the City Manager from which appeal is taken. Such fee may be waived by the Finance Director upon the showing of indigency.

   (c)    Appeal Hearing.

(1)    A hearing shall be had within a reasonable time, unless waived by the appealing party, and shall be informal in nature. The Committee shall consider relevant testimony of, or documents submitted by, the parties.

(2)    In any appeal brought to the Committee pursuant to this chapter, the ruling of the City Manager shall be affirmed unless the Committee finds that the City Manager's ruling was clearly unreasonable, arbitrary, or capricious.

(3)    Following the hearing, the Committee shall vote upon whether to affirm or reverse the order that is the subject of the appeal. Simple majority vote of the Committee shall prevail. The Clerk of Council shall within twenty-four hours cause notification to be sent to the appellant and the City Manager of its decision in writing. The Committee's order shall be considered a final order.
(Ord. 69-97. Passed 9-3-97.)