Any person or entity aggrieved by any decision or finding under the provisions of
this chapter with respect to approving or to denying a waste management plan, or to
granting or denying an application for an exception from compliance with this chapter,
may appeal such decision or finding. An appeal must be filed within 3 days after receipt
of notice of any protested decision or finding by filing with the director of public
works a letter of appeal briefly stating therein the basis for such appeal. A hearing
shall be held on a date no more than 10 days after receipt of the letter of appeal.
Appellant shall be given at least 5 days' notice of the time and place of the hearing.
A hearing officer, appointed by the city manager, shall give the appellant, and any
other interested party, a reasonable opportunity to be heard, in order to show cause
why the decision or finding should not be upheld. In all such cases, the burden of
proof shall be upon the appellant to show that there was no substantial evidence to
support the decision or finding appealed. At the conclusion of the hearing, the hearing
officer shall make a final and conclusive determination. The appeal process set forth
in this section does not apply to administrative citations pursuant to Chapter 1.25 or to orders to comply pursuant to Chapter 1.26.
(Ord. 6917 § 2 (part), 2002)
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