1028.46 RIGHTS OF APPEAL.

   (a)   Authorization. The following decisions of the City pursuant to this chapter are appealable to the City Council:

      (1)   The decision of the City Manager with respect to the issuance of an exemption to the requirement of a Certificate of Registration;

      (2)   The denial of an application for a Certificate of Registration; and

      (3)   Denial of a permit under Section 1028.32.

   An appeal from the decision of the City Manager with respect to any of these decisions may be taken to the City Council by any aggrieved provider.

   (b)   Filing Fee. The filing fee for any appeal under this chapter shall be as set forth in Appendix A of Chapter 1464.

   (c)   Time for Appeals. Appeals to the City Council shall be filed within thirty days from the decision of the City Manager by filing a written notice of appeal with the Clerk of the City Council. The notice of appeal shall specify the grounds for such appeal, and shall be on the form prescribed by the Clerk of the City Council. Upon receipt of an appropriately completed notice of appeal and filing fee, the Clerk of the City Council shall transmit to the members of the City Council all papers constituting the record upon which the decisions being appealed were based.

   (d)   Hearing on Appeal. The City Council shall schedule the hearing for the appeal within a reasonable period of time at a regularly scheduled City Council meeting. Written notice of the hearing shall be sent to the aggrieved provider at least ten days prior to the hearing. The failure of delivery of such notice, however, shall not invalidate any subsequent proceedings. The aggrieved provider or its representative may appear and be heard at the hearing, and present any evidence the provider desires in support of its position.

   (e)   Decision on Appeals. The City Council may affirm, reverse, or modify, in whole or in part, the decision appealed from, and to that end, the City Council shall have all the powers of the City Manager with respect to such decision. The concurring vote of a majority of the members of the City Council shall be necessary to reverse or modify any decision of the City Manager under this chapter. The City Council shall render a written decision on the appeal without unreasonable delay after the close of the hearing, and in all cases within thirty days after the close of the hearing.

   (f)   Records of Appeals. The Clerk of the City Council shall maintain complete records of all actions of the City Council with respect to appeals.

(Ord. 08-22. Passed 7-3-08.)