Sec. 24-49. Appeal procedure.
   Sec. 24-49(1). Except in cases brought under minor section 24-48(6), any user, permit applicant, permit holder or other person affected by any decision, action or determination made by the director or his staff, interpreting or implementing the provisions of this article or on any permit issued herein, may file with the director a written request for reconsideration within ten (10) days of such decision, action or determination, setting forth in detail the facts supporting the user's request for reconsideration. The director shall act upon the request in writing within thirty (30) days from the date of filing.
   Sec. 24-49(2). If the ruling made by the director is not acceptable to the person requesting reconsideration, he may within ten (10) days after notification of the director's action, file a written appeal to the appeal board designated by the mayor and council with the responsibility and authority to rule on appeals. The written appeal shall be heard by the mayor and council or the appeal board within thirty (30) days from the date of filing, and a ruling on the appeal shall be made within forty-five (45) days from the date of filing. Failure to rule shall be deemed a denial of the applicant's request.
   Sec. 24-49(3). Any user, permit applicant or permit holder shall take immediate action as required to abide by any decision, action or determination, including cease and desist orders if such immediate action is requested by the director to protect the public from a serious threat to health or property. In situations other than that given in minor section 24-49(2), the person requesting reconsideration by the director or his staff may delay compliance to a decision, action or determination until notified of the director's ruling on the appeal. The director's ruling on any appeal shall be complied with during any period of further appeal to the appeal board.
   Sec. 24-49(4). The determination of the board of appeals of a suspension, revocation or any other appeal is final. Further action shall be taken by the aggrieved party in the superior court.
   Sec. 24-49(5). Hearings of the board of appeals shall be open to the public. Notice of the time and place of the public hearing shall be given at least fifteen (15) and not more than thirty (30) calendar days prior to the hearing by:
   (a)   Publication at least once in a newspaper of general circulation published or circulated in the city;
   (b)   By posting notice in conspicuous places close to the property affected;
   (c)   Such other manner as is deemed desirable.
(Ord. No. 4672, § 5, 6-20-77)