(A) The permittee or applicant, as the case may be, shall, within ten days after he or she has been notified of an adverse determination, submit a notice of appeal to the City Clerk. The notice of appeal shall be addressed to the City Council and shall specify the subject matter of the appeal the date of any original and amended applications or requests, the date of the adverse decision (or receipt of notice thereof), the action requested of the City Council, and the name and address of the applicant or permittee. The clerk shall place the appeal on the agenda of the next regular Council meeting occurring not less than five nor more than 30 days after receipt of the application for Council action.
(B) When an appeal is placed on the Council agenda, the Council may take either of the following actions:
(1) Set a hearing date and instruct the City Clerk to give such notice as may be required by law; and
(2) Appoint a Hearing Officer and fix the time and place for hearing. The Hearing Officer may not be a city employee, and may be appointed for an extended period of time. The Clerk shall assume responsibility for giving any notice as may be required by law. If a Hearing Officer is appointed, the hearing shall be conducted in accordance with the procedures set out in this section.
(C) Whenever the city has scheduled an appeal before the City Council, at the time and date set thereof, the Council shall receive all relevant testimony and evidence from the permittee or applicant as the case may be from interested parties and witnesses, and from city staff. The City Council may sustain, overrule or modify the action of the City Administrator. The action of the City Council shall be final.
(D) The Hearing Officer appointed pursuant to the procedure set out in this section or the City Council may receive and rule on admissibility or evidence, hear testimony under oath and call witnesses as may be deemed advisable.
(E) The City Council and the hearing officer shall not be bound by the traditional rules of evidence in hearings conducted under this section.
(F) If a Hearing Officer is appointed to hear an appeal, the Hearing Officer shall, within a reasonable time not to exceed 30 days from the date such hearing is terminated, submit a written report to the City Council. The report shall contain a brief summary of the evidence considered and state findings, conclusions and recommendations. All such reports shall be filed with the City Clerk, and shall be considered public records. A copy of the report shall be forwarded by certified mail to the permittee/appellant the same day it is filed with the City Clerk, with additional copies furnished to the City Administrator and the Chief of Police. The City Clerk shall place the Hearing Officer’s report on the agenda of the next regular Council meeting occurring not less than ten days after the report is filed and shall notify the permittee/appellant of the date of the meeting at least ten days prior to the meeting unless the permittee/appellant stipulates to a shorter notice period.
(G) The City Council may adopt or reject the Hearing Officer’s decision in its entirety or may modify the proposed report or recommendation. If the Council does not adopt the Hearing Officer’s recommendation, it may:
(1) Refer the matter to the same or another Hearing Officer for a completely new hearing, or for the taking of additional evidence on specific points, in either of such cases the Hearing Officer shall proceed as provided in this section; or
(2) Decide the case upon a review of the entire record before the Hearing Officer with or without taking additional evidence.
(H) Any suspension or revocation appealed pursuant to this section shall remain in effect unless reversed pursuant to this section.
(I) If the denial, suspension or revocation is affirmed upon review, the administrative action shall be final and subject to such judicial review as provided for by law.
(2000 Code, § 5.54.120)