(A) Any exclusion from city property may be appealed by filing a written appeal with the municipal court within 10 calendar days after service of notice of exclusion.
(B) Appeal of an exclusion notice automatically stays the exclusion period until a decision on the appeal is issued by the municipal court.
(C) If an appeal is not timely filed with the municipal court, no appeal hearing will be held and the exclusion notice shall become the final decision of the city.
(D) The municipal court will hold an appeal hearing within 35 calendar days of the filing of the appeal unless the hearing date is extended by court order.
(E) The appeal hearing shall be conducted by the municipal court judge. No jury shall be empaneled for a hearing pursuant to this section.
(F) The municipal court judge will review the written appeal and may consider any testimony, evidence, and other argument presented by the city and by the person who is the subject of the notice, as well as any other testimony, evidence, and other argument that the municipal court judge considers relevant to whether the exclusion of prohibition is lawful and consistent with this chapter or any other applicable law.
(G) The municipal court judge may uphold, amend, or rescind the exclusion. The decision of the municipal court judge is the final decision of the city.
(Ord. 19-437, passed 10-9-2019)