A. Any person who can demonstrate that he or she is a cart owner may appeal the imposition of a tagging and retrieval fee by presenting evidence that the cart removal and storage was not performed substantially in accordance with the provisions of this chapter. Appeals shall be made in writing to the Mayor or the Mayor's duly authorized representative within ten calendar days of notification of such assessed fee. An office hearing will be held within thirty calendar days of the receipt of such appeal request. The shopping cart owner or authorized representative may appear and be heard on the matter. If the Mayor or the Mayor's duly authorized representative determines that the shopping cart was not removed and stored in substantial accordance with the provisions of this chapter, the tagging and retrieval fee shall be waived and the shopping cart shall be returned.
B. The Mayor or the Mayor's duly authorized representative shall, within ten working days after the conclusion of the hearing, give written notice of his or her decision to the party or parties who filed the appeal. The notice shall contain the decision and the reasons therefor. The decision of the Mayor or the Mayor's duly authorized representative shall be final and conclusive and shall not be subject to any further appeal. Pursuant to Code of Civil Procedure Section 1094.6, any action to review said decision shall be commenced not later than the ninetieth day after the date of the written notice of decision.
(Ord. MC-1038, 1-12-99)