§ 9.62.150. Hearing and appeal procedure for renewal of exemption.

A.

Notice of intended decision:

1.

Upon determining the existence of any of the grounds for denial or revocation of a renewal of an exemption in accordance with Section 9.62.140, the director may issue to the owner a notice of intended decision to deny or revoke the exemption.

2.

The notice of intended decision shall state all the grounds upon which the denial or revocation of the renewal application for an exemption is based.

3.

The notice of intended decision shall advise the owner that the denial or revocation shall become final unless the owner files a written request for hearing before the director within ten (10) calendar days of the date of service of the notice of intended decision to deny or revoke the renewal of the exemption.

4.

The notice of intended decision shall specify the effective date of the denial or revocation of such exemption.

B.

Procedure for hearing before the director:

1.

The written request for a hearing before the director must be received by the director within ten (10) calendar days of the date of the notice of intended decision to deny or revoke the renewal of the exemption.

2.

Upon timely receipt of a written request for a hearing, the director shall schedule a hearing which shall be held no later than thirty (30) calendar days after receipt of a timely request for hearing.

3.

The director shall serve a notice of hearing on the owner at least ten (10) calendar days prior to the scheduled date of the hearing.

4.

At the hearing before the director, the owner shall be given the opportunity to present witnesses and relevant documentary evidence.

5.

The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all evidence which the director deems reliable, relevant and not unduly repetitious may be considered.

C.

Decision of the director:

1.

Within twenty (20) calendar days after the hearing, the director shall serve on the owner a written decision sustaining, reversing or modifying the director's intended decision.

2.

The decision by the director after hearing shall become final unless the owner files an appeal before the code enforcement commission within the time period specified in subsection D of Section 9.62.150.

D.

Appeals to the code enforcement commission:

1.

If an owner is dissatisfied with the written decision of the director, the owner may file an appeal to the code enforcement commission.

2.

The appeal must be in writing on a form provided by the code enforcement commission and must be received by the secretary of the commission within fifteen (15) calendar days of the date of the director's decision.

3.

The code enforcement commission shall be conducted in accordance with the rules and regulations of the commission.

(Ord. 6891 § 2 (part), 2002)