In the event that any applicant or permittee desires to appeal from any order, rescission, or other ruling of the community development director made under the provisions of this chapter, such applicant or any other person aggrieved shall have the right to appeal such action or decision to the city manager within fifteen days after the notice of the action or decision has been mailed to the person's address as shown on the permit application. An appeal shall be taken by filing with the city clerk a written appeal statement setting forth the grounds for the appeal, along with the city's appeal fee, which shall be established by city council resolution. The filing of the appeal shall stay the enforcement of any decision suspending or rescinding the permit. The city clerk shall transmit the written statement to the city manager within ten days of its filing and payment of the appeal fee, and the city manager shall set a time and place for a hearing on appeal. A hearing shall be set not later than sixty days from the date of filing of the applicant's written appeal statement with the city clerk. Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of suspension or rescission at least five days prior to the date set for the hearing. At the hearing, the permittee and the city shall be entitled to legal representation and may present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The city manager shall not be bound by the traditional rules of evidence in a hearing, except that hearsay evidence may not be the sole basis for the decision of the city manager. The city manager may continue the hearing as deemed necessary. The decision of the city manager, or his or her designee, on the appeal shall be final and binding on all parties concerned, unless timely judicial review is sought pursuant to Cal. Code of Civil Procedure § 1094.6. In the event a timely action or proceeding is brought pursuant to § 1094.6, the city manager's decision shall be stayed automatically pending a final decision on the merits by the trial court. As used in this section, final decision on the merits does not include rehearing or appellate procedures. (Ord. 2023-11-1545 § 3 (part), 2023)