A. Any user, permit applicant, or permit holder affected by any decision, enforcement action, or determination made by the city, interpreting or implementing the provisions of this chapter or in any permit issued herein, may file with the director of public works a written request for reconsideration of a staff decision, action or determination within fifteen days of notification of the staff decision, action or determination. The written request for reconsideration shall detail facts supporting the user's request and such facts shall include a statement listing all relevant facts which shall be considered including such facts as may not have been known or available to the city at the date of such action. The director of public works shall render a decision on the request for reconsideration within fifteen days of receipt of the request, unless the director of public works requests additional information from the city staff or the user. The director of public works shall concur, modify or rescind the action, decision, or determination previously made or may grant a show cause hearing regarding such decision, action or determination. if the ruling made by the director of public works is unacceptable, the user may within ten days after the date of notification file a request for appeal to the City Manager, by filing the request with the City Clerk.
B. A user shall not have a right to an appeal to the City Manager unless the user has complied with the procedures concerning the request for reconsideration by the director of public works.
C. When a request for appeal to the City Manager has been properly filed with the City Clerk his or her office will schedule the matter to be heard by the City Manager (or his or her designee) within forty-five days from the date of the filing of the written request. The City Manager (or his or her designee) shall make a ruling within thirty days from the date of hearing, unless the City Manager requests additional information, from the city staff or the user. Notwithstanding the foregoing, the statutory appeal procedures set forth in California Government Code Section 54739, et seq., applicable to administrative civil penalties imposed or sought pursuant to Section 13.05.340 of this chapter are the exclusive appeal process for such penalties. (Ord. 01-102 § 2(part), 2001).