§ 5.80.330. Appeal procedure.  


Latest version.
  • A decision of the chief of police to revoke, suspend or deny a permit or certificate may be appealed to the city manager by serving written notice of said appeal to the city clerk within three business days of notice to the applicant/permittee of the decision of the police chief. If no appeal is filed, then the revocation or suspension shall become final and effective on the fourth business day. If an appeal to the chief of police's determination is filed within three business days, then the city manager shall schedule an informal meeting with the appellant at a mutually agreed upon time within five business days of the date of service to the city clerk. The chief of police or his/her designee may attend the informal meeting. At the meeting, the basis for the denial, revocation or suspension shall be explained to the appellant and the appellant shall be given an opportunity to respond thereto. The city manager shall render a final decision in writing within five business days following the informal hearing. If the revocation or suspension pertains to a permit, then the city manager's decision shall be final and the revocation or suspension shall become effective on the date that the city manager renders a written decision. No further appeal can be taken on a revocation or suspension of a permit. If the revocation or suspension pertains to a certificate, then the appellant may appeal the city manager's decision to the city council by serving written notice of said appeal on the city clerk within five business days of the city manager's decision. If no appeal of the city manager's decision to the suspension or revocation of a certificate is filed within five business days, then such suspension or revocation shall become final and effective on the sixth business day. If an appeal regarding a certificate is filed, the city clerk shall schedule a hearing before the city council within thirty calendar days of the date served with the notice of appeal. The decision of the council is final on the date it is announced. Notwithstanding the above, any denial/revocation/suspension resulting from a deficiency related to insurance coverage or that, in the opinion of the chief of police, is necessary to protect the public safety, shall be effective immediately regardless of the appeal process. All time limits may be extended by mutual consent of the parties.

    (Ord. 1008 § 1 (part), 2003)

(Ord. No. 1091, § 10, 6-2-09)