A. Notification of hearing. The director shall notify the applicant or permittee of the basis for the proposed denial, suspension, modification, or revocation of any permit or agreement.
B. Any applicant or permittee aggrieved by the decision of the director to deny, suspend, modify, or revoke a permit or impose conditions on the permit, may appeal the decision by submitting a written appeal to the city manager within 10 calendar days from the date of service of the notice of denial, suspension, modification, or revocation. The written appeal must contain:
1. A brief statement in ordinary and concise language of the specific action protested, together with any material facts claimed to support the contentions of the appellant;
2. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested action should be reversed or otherwise set aside;
3. The signatures of all appellants and their official mailing addresses; and
4. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
C. The appeal hearing shall be conducted by the city manager or hearing examiner appointed by the city council.
D. Upon receipt of any appeal filed pursuant to this section, the city manager or the hearing examiner will calendar a hearing as follows:
1. If the appeal is received by the city manager not later than 15 calendar days prior to the next regular appeal hearing date, it shall be calendared for hearing on that date.
2. If the appeal is received by the city manager on a date fewer than 15 calendar days prior to the next appeal hearing date, it shall be calendared for the next subsequent appeal hearing date.
E. Written notice of the time and place of the hearing shall be given at least 10 calendar days prior to the date of the hearing to each appellant either by personal delivery or by mail, postage prepaid, addressed to the appellant at the address shown on the appeal.
F. Failure of any person to file a timely appeal in accordance with the provisions of this section constitutes an irrevocable waiver of the right to an administrative hearing and a final adjudication of the notice and order, or any portion thereof.
G. Only those matters or issues specifically raised by the appellant in the appeal notice will be considered in the hearing of the appeal.
H. The city manager or hearing examiner has the authority to issue subpoenas compelling witnesses to appear and provide testimony or subpoena duces tecum compelling witnesses to produce documents. The city manager or hearing examiner will issue a subpoena only upon a showing of reasonable necessity. Failure to comply with any subpoena may be considered by the city manager or hearing examiner in making a decision. (Ord. 2020-0018 § 2)