(A) Any operator aggrieved by any notice, order or determination made by the Board under this chapter may file a petition for review of the notice, order or determination, detailing the operator's reasons for contesting the notice, order or determination. The petition shall contain the name of the petitioner, the petitioner's address and the location of the lodging subject to the order, notice or determination.
(B) The petition for review shall be filed with the Board within 20 days after the notice, order or determination for which review is sought has been mailed or served upon the person requesting review.
(C) Upon receipt of the petition, the Board shall set a date for a hearing and give the petitioner at least 5 days prior written notice of the date, time and place of the hearing.
(D) At the hearing, the petitioner shall be given an opportunity to show cause why the notice, order or determination should be modified or withdrawn. The petitioner may be represented by counsel of petitioner's choosing at petitioner's own expense.
(E) The hearing shall be conducted by the Board, provided only that the person conducting the hearing shall not have participated in the drafting of the order, notice or determination for which review is sought.
(F) The person conducting the hearing shall make written findings of fact and conclusions based upon the applicable sections of this chapter and the evidence presented. The person conducting the hearing may affirm, reverse or modify the initial notice, order or determination.
(G) Any decision rendered by the Board pursuant to this division may be appealed to the city. A petitioner seeking to appeal a decision must file a written notice of appeal with the City Clerk within 10 days after the decision has been mailed to the petitioner. The matter will thereupon be placed on the agenda as soon as is practical. The city shall then review the findings of fact and conclusions to determine whether they were correct. Upon its determination that findings and conclusions were incorrect, the city may modify, reverse or affirm the decision of the Board upon the same standards as set forth in division (F).
(Ord. 517.01, passed 5-4-1992; Am. Ord. 102, passed 7-6-2015)