5.94.280 Appeal proceedings.
A. The pedicab owner or pedicab driver may appeal any notice to deny, suspend, modify, or revoke a pedicab driver permit or pedicab vehicle permit by filing with the city manager within ten (10) days from the date of service of a notice of denial, suspension, modification, or revocation, a written appeal containing:
1. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;
2. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside;
3. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
B. Upon receipt of any appeal filed and the appeal fee pursuant to this section, the city manager shall transmit the appeal to the administrative hearing officer appointed for the purpose of hearing such appeal, who shall calendar it for hearing as soon as possible, but in no event later than thirty (30) days from the date the appeal was received without the express written consent of the appellant.
C. Written notice of the time and place of the hearing shall be given at least ten (10) calendar days prior to the date of the hearing to each appellant by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal.
D. The city may collect and require an appeal fee to be paid at the time the written appeal notice is filed. The appeal fee shall be set by resolution of the city council. The fee shall be calculated to recover the total city costs incurred in the appeal including, but not limited to, staff time to process and handle the appeal, administrative hearing officer compensation, preparation and service of notices and staff appearance in the appeal hearing. No appeal shall proceed without payment of the fee at the time the appeal is filed provided that the city manager may waive or defer the appeal fee upon written request for good cause shown. Good cause may include severe economic hardship, significant attempts to comply with this chapter, and other factors indicating good faith attempts to comply.
E. Failure of any person to file a timely appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication.
F. Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal.
G. Enforcement of any order of the city manager issued under this title shall be stayed during the pendency of an appeal therefrom which is properly and timely filed, except for a suspension or revocation under Section 5.94.300(B). (Ord. 2016-0020 § 1)
