§ 4.82.120. APPEAL .

.010 Right of Appeal. Any Any person aggrieved by the decision of the Director may, within ten days following the date of mailing of the Director's decision and order, appeal such decision and order to the City Council by filing an appeal, in writing, with the City Clerk accompanied by a filing fee in an amount as specified by resolution of the City Council. The contents of the written appeal shall set forth the reasons why the appellant believes the Director's decision was erroneous. Notwithstanding the foregoing, any member of the City Council may, within the ten day appeal period, request a review of the Director's decision by notifying the City Clerk of such request and having the matter placed on the City Council agenda. The City Clerk shall promptly notify all interested parties of such action.

.020 Upon receipt of a written appeal, or upon a request of review of the Director's decision by one or more members of the City Council, the City Clerk shall notify the Director who shall, within ten days, transmit a copy of all evidence received in the matter, findings of fact, decision and order to the City Clerk, who shall forward the information to the City Council.

.030 Action by City Council. The City Council shall, within thirty days of receipt of the materials specified in paragraph .020 of this subsection:

.0301 Uphold, reverse or modify the decision and order of the Director by motion; or

.0302 Set the matter for hearing by so notifying the parties. Such hearing shall be held de novo as if no hearing had previously been held.

.0303 Failure of the City Council to act upon an appeal filed pursuant to this chapter within the time limits set forth herein shall be deemed a denial of said appeal.

.040 Appointment of Hearing Officer. Pursuant to Section 1.12.110 of this Code, the City Council may appoint a disinterested hearing officer to conduct appeal hearings on its behalf pursuant to this chapter, provided, however, that the hearing officer shall not be the same person(s) who rendered the decision from which the appeal is being taken. The costs for the hearing officer shall be paid by the City unless otherwise required by law.

.050 Judicial Relief. The provisions of Section 1094.8 of the California Code of Civil Procedure shall govern any application for administrative mandamus based upon decisions rendered hereunder. (Ord. 4008 § 2 (part); May 22, 1979; Ord. 5782 § 1 (part); September 25, 2001.)