§ 10-78. Right to administrative appeal—Hearing procedure.

(a)

Not to act in limitation of any appeal or defense permitted by law in a court of competent jurisdiction, a person receiving a written or oral notice under this division may appeal to the city manager to have the exclusion notice rescinded or the exclusion period shortened. An appeal shall be filed by providing a written request for hearing within ten (10) business days of the date of the exclusion notice. Failure to file written notice of appeal within 10 business days will be deemed a waiver of any appeal rights to the city.

(b)

The request for an appeal hearing must be in writing, contain a copy or description of the notice of exclusion, and a statement of the basis on which the decision to exclude is invalid, unauthorized, or otherwise improper.

(c)

The city manager or his designee shall schedule a hearing on the appeal within fifteen (15) business days of receiving the request, unless the appellant requests a later date. Notice of the hearing time and date shall be given to the appellant and to the appropriate city official or law enforcement officer that issued the ejectment and exclusion notice.

(d)

At the hearing, the appellant may contest the validity of the exclusion. The appropriate city official or officer shall have the burden of proving the validity of the exclusion by a preponderance of the evidence. Both parties may present evidence either by testimony or by written report. If the evidence is presented only by written report and the hearing officer cannot resolve a question by information contained in the reports, the hearing may be held open for a reasonable time to complete the record.

(e)

If the hearing officer finds that the exclusion is valid, proper and in accordance with law, the hearing officer shall uphold the exclusion. If the hearing officer finds that the city has not met its burden of proof or that the exclusion is otherwise invalid, unauthorized or improper, then the hearing officer shall enter an order rescinding the exclusion.

(f)

If an appeal of the exclusion is timely filed under this section, the effectiveness of the exclusion shall be stayed pending the outcome of the appeal. If the exclusion is affirmed, the remaining period of exclusion shall be effective immediately upon the issuance of the decision, unless the hearing officer specifies a later effective date.

(g)

The determination of the hearing officer is a final. Appeals from any determination by the hearing officer under this chapter shall be to the nuisance appeal board, as provided in law.

(Ord. No. 2014-28, § 2, 5-13-14)