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(1) A person aggrieved by an administrative action of the city manager or designee taken pursuant to a section of this code authorizing an appeal under this section may, within 15 days after the date of notice of the action, appeal in writing to the city manager. The appeal shall be accompanied by a fee as established by the city manager and shall state:

(a) The name and address of the appellant;

(b) The nature of the determination being appealed;

(c) The reason the determination is incorrect; and

(d) What the correct determination of the appeal should be.

An appellant who fails to file such a statement within the time permitted waives the objections, and the appeal shall be dismissed. Except as provided in subsection (6) of this section, the appeal fee is not refundable.

(2) If a notice of revocation of a license or permit is the subject of the appeal, the revocation does not take effect until final determination of the appeal. Notwithstanding this paragraph, an emergency suspension shall take effect upon issuance of, or such other time stated in, the notice of suspension.

(3) Unless the appellant and the city agree to a longer period, an appeal shall be heard by a hearings officer within 30 days of the receipt of the notice of intent to appeal. At least 10 days prior to the hearing, the city shall mail notice of the time and location thereof to the appellant.

(4) The hearings officer shall hear and determine the appeal on the basis of the appellant’s written statement and any additional evidence the hearings officer deems appropriate. At the hearing the appellant may present testimony and oral argument personally or by counsel. The rules of evidence as used by courts of law do not apply.

(5) If the appeal is from a denial of a business license or other license or permit, the applicant shall carry the burden of proving entitlement to the license or permit and wherein the city erred in its denial. If the appeal is from a revocation or suspension of a business license or other license or permit, the city shall carry the burden of proving that the revocation or suspension was proper. In all other cases, the burden of presenting evidence to support a fact or position rests on the proponent of the fact or position.

(6) The hearings officer shall issue a written decision within 10 days of the hearing date. The decision of the hearings officer after the hearing is final, and may include a determination that the appeal fee be refunded to the applicant upon a finding by the hearings officer that the appeal was not frivolous.

(Section 2.021, formerly Section 3.060, amended by Ordinance No. 19321, enacted April 22, 1985; Ordinance No. 19742, enacted January 14, 1991, effective February 14, 1991; and administratively amended by Ordinance No. 20113, enacted April 6, 1998, effective May 6, 1998.)