1.24.140   Hearing and decision.
   A.   The city manager shall schedule a hearing with no less than ten (10) calendar days written notice to the appellant. The hearing shall be held within sixty (60) calendar days after the date the appeal is filed with the city clerk, unless it is postponed pursuant to Section 1.24.150 of this chapter. The appellant and any representative of the appellant may attend the hearing and may present any evidence relevant to the appeal. The city manager shall decide the appeal considering evidence from the appellant, from the city department imposing the fee or charge, and from other persons who may have personal knowledge of relevant information concerning the fee or charge. The proceedings shall be recorded.
   B.   The appellant shall have the initial burden to establish a prima facie case that the fee or charge exceeds the estimated reasonable cost of providing the service for which it is imposed. In those cases where the appellant establishes a prima facie case, the burden shall shift to the city to establish by a preponderance of the evidence that the fee or charge does not exceed the estimated reasonable cost of providing the service for which it is imposed.
   C.   Written notice of the city manager's decision on the appeal after hearing shall be mailed to the appellant within thirty (30) days after the hearing. The decision of the city manager shall be the final and conclusive administrative remedy. (Ord. 2010-036 § 1; prior code § 2.08.820)