(A) Any operator aggrieved by any notice, order, or determination made by the City Manager under this subchapter may file a petition for review of the notice, order, or determination detailing the operator’s reasons for contesting the notice, order, or determination. The petition shall contain the name of the petitioner, the petitioner’s address, and the location of the lodging subject to the order, notice, or determination.
(B) The petition for review shall be filed with the Mayor within ten days after the notice, order, or determination for which review is sought, has been mailed, or served upon, the person requesting review.
(C) Upon receipt of the petition, the Mayor, or his or her designee, shall set a date for a hearing, and give the petitioner at least five days’ prior written notice of the date, time, and place of the hearing.
(D) At the hearing, the petitioner shall be given an opportunity to show cause why the notice, order, or determination should be modified, or withdrawn. The petitioner may be represented by counsel of the petitioner’s choosing, at the petitioner’s own expense.
(E) Any disputes shall be conducted in accordance with principles, and rules, of the American Arbitration Association.
(F) The hearing examiner conducting the hearing shall make written findings of fact, and conclusions, based upon the applicable provisions of this subchapter, and the evidence presented. The person conducting the hearing may affirm, reverse, or modify the notice, order, or determination made by the City Manager.
(G) Any decision rendered by the hearing examiner pursuant to this section may be appealed to the Council. A petitioner seeking to appeal a decision must file a written notice of appeal with the Mayor within ten days after the decision has been mailed to the petitioner. The matter will thereupon be placed on the Council agenda as soon as practicable. The Council shall then review the findings of fact and conclusions to determine whether they were correct. Upon a determination by the Council that findings, and conclusions, were incorrect, the Council may modify, reverse, or affirm the decision of the hearing examiner, or his or her designee, upon the same standards as set forth in division (F) above.
(Prior Code, § 14.02)