A. An applicant may appeal the denial of a franchise by submitting a written appeal to the solid waste manager within 20 calendar days from the date of service of the solid waste manager's written decision. The written appeal must be accompanied by a nonrefundable appeal fee in an amount established by city council resolution. The written appeal shall contain:
1. A brief and concise statement explaining why the decision is being contested and any material facts supporting the contentions of the appellant;
2. A brief and concise statement of the reasons why the decision 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 1.24.050.
C. Upon receipt of any appeal filed pursuant to this section, the solid waste manager shall transmit the appeal to the secretary of the hearing examiner who shall set it for hearing as follows:
1. If the appeal is received by the solid waste manager at least 15 days prior to the next regularly scheduled appeal hearing date, it shall be set for hearing on that date.
2. If the appeal is received by the solid waste manager less than 15 days prior to the next regularly scheduled appeal hearing date, it shall be set 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 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 the 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. 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 solid waste manager's decision is final.
F. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered in the appeal hearing. (Ord. 2023-0024 § 42; Ord. 2021-0003 § 15)