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(1) Any person aggrieved by administrative action of the city manager or the manager’s designee taken under the provisions of this chapter may appeal the action to the hearings official appointed under section 2.370 of this code by filing his or her written objection with the city manager within 30 days after the administrative act has occurred. The hearings official, upon ten days’ prior written notice to the aggrieved person, shall conduct a hearing on the appeal within 90 days of its filing with the city manager. The hearings official may affirm, modify or repeal the administrative action using the criteria set forth in section 5.055. Except when reviewed as provided in subsection (3) of this section, the decision of the hearings official shall be final when it is filed with the city recorder’s office. At the time the decision is filed with the city recorder’s office a copy of the decision shall be mailed to the appellant. When the decision concerns installation or removal of traffic diverters or the permanent closure of a street, the decision shall also be promptly distributed to the council.

(2) The time limits set forth in subsection (1) of this section shall be reduced when the action being appealed is for a single event of short duration which will occur within 15 days of the administrative action. In such appeals, verbal notice to the aggrieved person of the hearing shall suffice.

(3) Any councilor may seek council review of the hearing official’s decision concerning the installation or removal of traffic diverters or the permanent closure of a street by filing with the city manager’s office a written request to have placed on the council’s next agenda the consideration of whether the council will review the hearings official’s decision. Such request shall be filed within 30 days from the date the hearings official’s decision is filed with the city recorder. If the council agrees to review the decision, it shall designate a time for hearing the matter and the implementation of the hearings official’s decision shall be suspended until the council decides the matter. Ten days prior written notice of the council’s hearing shall be mailed to or otherwise delivered to all persons who appeared before the hearings official. At the council hearing the council shall consider the record before the hearings official and any additional evidence and testimony it wishes to consider. After the hearing, upon consideration of the standards in section 5.055, the council may affirm, modify or reverse the hearings official’s decision. The decision of the council shall be final.

(Section 5.045 amended by Ordinance No. 19779, enacted June 10, 1991, effective July 10, 1991; and administratively amended by Ordinance No. 20113, enacted April 6, effective May 6, 1998.)