§ 26-134. Appeal from denial or revocation of permit.

(a)

If the chief of police refuses to issue or renew a permit, or revokes a permit, he shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of his action and a statement of the right to appeal. The applicant or permit holder may appeal the decision of the chief of police to the city manager by filing with the city manager a written request for a hearing, setting forth the reasons for the appeal, within ten days after receipt of the notice from the chief of police. The filing of any request for an appeal hearing with the city manager stays an action of the chief of police in revoking a permit until the city manager or his designated representative makes a formal determination. If a request for an appeal hearing it not made within the ten-day period, the action of the chief of police is final.

(b)

The city manager shall set a time and place for such hearings, which shall be served upon the applicant or permit holder by certified mail, returned receipt requested. The city manager or his representative shall serve as hearing officer at an appeal hearing and consider evidence by any interested person. The formal rules of evidence do not apply at an appeal hearing. All parties to the hearing shall have the right to present evidence and shall have the right of cross examination. The hearing officer shall make his decision on the basis for a preponderance of the evidence within 15 days after the request for an appeal hearing is filed. The time for hearing an appeal may be extended by agreement of the parties. The hearing officer shall affirm, reverse or modify the action of the chief of police. The decision of the hearing officer is final as to administrative remedies within the city.

(Ord. No. 91-9, § XIII, 9-17-91)