7.50.100 Appeals process.

(a) Written Appeal.

1. A property owner or tenant household may contest a decision, order, or determination regarding relocation payments or a notice of penalty or fine assessed this chapter by submitting an appeal in writing together with the appeal fee listed in the City's fee schedule. The appeal shall set forth the factual basis for disputing the decision, order, or determination.

2. Appeals must be addressed to the Director, and must be received within ten (10) days of the date appearing on the decision, order, or determination regarding relocation benefits or the notice of penalty or fine. A copy of the appeal must be provided by the appellant to any tenant household(s) or property owner(s) directly affected by the appeal on or by the same date that the appeal is received by the Director.

(b) Hearing Procedure.

1. Upon receipt of a written appeal and appeal fee, the Director shall schedule a hearing before the City Council. Any tenant household(s) or property owner(s) directly affected by the appeal shall have the right to attend and participate in the hearing.

2. The appeal hearing shall be set for a date within thirty (30) days from the date that the appeal is filed, unless the Director determines that good cause exists for an extension of time. The appellant and any tenant household(s) or property owner(s) directly affected by the appeal shall receive notice of the time and place at least fifteen (15) days prior to the hearing unless the Director determined, in writing, that the matter is urgent, in which case the appellant and any tenant household(s) or property owner(s) directly affected by the appeal shall receive at least five (5) days prior notice of the hearing.

3. Documentary evidence and names of potential witnesses shall be provided by the Enforcement Officer and the appellant to the City Council and any tenant household(s) or property owner(s) directly affected by the appeal at least five (5) days prior to the appeal hearing or as soon as practicable prior to the hearing. At the hearing, the tenant household(s) or property owner(s) directly affected by the appeal shall be given the opportunity to testify and to present evidence concerning the decision, order, or determination regarding relocation benefits or the notice of penalty or fine. The failure of appellant to appear at the appeal hearing shall constitute a forfeiture of the fine or penalty (if applicable).

4. The decision, order, or determination regarding relocation benefits or the notice of penalty or fine and any additional report submitted by the Enforcement Officer shall constitute prima facie evidence of the respective facts contained in those documents.

1. After considering all of the testimony and evidence submitted at the hearing, the City Council shall issue a written decision to uphold or cancel all or part of the decision, order, or determination regarding relocation benefits or the notice of penalty or fine and shall state the reasons for that decision. The decision of the City Council shall include findings regarding the evidence in the record and submitted at the hearing, as well as the existence of any proper grounds for the order to pay relocation benefits or the notice of penalty or fine. A copy of the City Council's written decision shall be provided to the property owner as well as any tenant household(s) directly affected by the appeal.

2. If the City Council determines that the decision, order, or determination regarding relocation benefits or the notice of penalty or fine should be upheld, then the property owner shall pay the appropriate sum(s) to the tenant household and/or the City within ten (10) days after the property owner's receipt of the City Council's written decision.

3. To the extent allowed by law, the decision and the decision, order, or determination regarding relocation benefits or notice of penalty or fine shall have the same force and effect as a resolution of the City Council for the purpose of filing a lien, special assessment, or for pursuing any other method of collection.