A. An owner aggrieved by a notice and order issued pursuant Section 8.112.050, may appeal the notice and order by submitting a written appeal to the chief of police of the department within ten (10) calendar days from the date of service of the notice and order. The written appeal shall contain:
1. A brief statement in ordinary and concise language of the specific order protested and any material facts supporting the contentions of the appellant;
2. A brief statement in ordinary and concise language of the relief sought, and the reasons why the protested order should be reversed or set aside;
3. The signatures of all parties named as appellants and their official mailing addresses; and
4. A declaration under penalty of perjury by at least one appellant as to the truth of the matters stated in the notice of appeal.
B. The appeal hearing shall be conducted by a hearing examiner appointed pursuant to Section 8.04.070.
C. Upon receipt of any appeal filed pursuant to this section, the chief of police shall transmit the appeal to the secretary of the hearing examiner who shall calendar it for hearing as follows:
1. If the appeal is received by the chief of police at least fifteen (15) days prior to the next regularly scheduled appeal hearing date, it shall be calendared for hearing on that date.
2. If the appeal is received by the chief of police less than fifteen (15) days prior to the next regularly scheduled appeal hearing date, it shall be calendared for hearing on the next subsequent appeal hearing date.
D. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the secretary of the hearing examiner either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.
E. The department may collect and require an appeal fee to be paid at the time the written appeal notice is filed. The appeal fee shall be set by resolution of the city council. The fee shall be calculated to recover the total city costs incurred in the appeal including, but not limited to, staff time to process and handle the appeal, hearing examiner compensation, preparation and service of notices and staff appearance in the appeal hearing. The chief of police may waive or defer the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with the notice and order, and other factors indicating good faith attempts to comply.
F. Failure of any person to file a timely appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and the notice and order shall be final.
G. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered in the appeal hearing. (Ord. 2014-0037 § 2)