§ 17-10-070. Appeal.

(a)

Upon delivery of a cease and desist order and notice of violation, the business has the right to request in writing a hearing on the matter. Hearing requests must be made within ten (10) business days of the issuance of the delivery of a cease and desist order and notice of violation and delivered to the city clerk. Failure to request a hearing within ten (10) business days of the delivery of a cease and desist order and notice of violation will terminate the right to a hearing. The filing of an appeal under this section stays actions except seizure of the spice.

(b)

Upon receipt of such a request, the city clerk shall set the time and place for the hearing. Written notice of the hearing time and place shall be mailed or delivered to the business at least ten (10) business days prior to the hearing.

(c)

An appeal shall be heard by a hearing officer. The hearing officer must be an impartial person designated by the city manager to conduct the hearing. The burden of proof shall be on the city to prove the violation.

(d)

A decision shall be issued by the hearing officer within ten (10) business days. If the hearing officer determines that a violation of this article did occur, that decision, along with the hearing officer's reasons for finding a violation shall be recorded in writing, a copy of which shall be provided to the city and the business by in person delivery or mail as soon as practicable. Likewise, if the hearing officer finds that no violation occurred, those findings shall be recorded and a copy provided to the city and the business by in person delivery or mail as soon as practicable.

(e)

The decision of the hearing officer is final. Any appeal of the decision made by the hearing officer shall be filed in the district court for the city in which the alleged violation occurred within ten (10) business days.

(Ord. No. 1422, § 1, 8-14-12)