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<br />204.15 204.15 (Rev. 5/10) <br /> <br /> <br />204.15: APPEALS: <br /> <br /> a. Any operator aggrieved by any notice, order or determination made by the Director <br />under this Chapter may file a petition for review of such notice, order or determination <br />detailing the operator’s reasons for contesting the notice, order or determination. <br />The petition shall contain the name of the petitioner, the petitioner’s address and the <br />location of the lodging subject to the order, notice or determination. <br /> <br /> b. The petition for review shall be filed with the City within ten (10) days after the <br />notice, order or determination for which review is sought has been mailed or served upon <br />the person requesting review. <br /> <br /> c. Upon receipt of the petition, the City Administrator, or the City Administrator’s <br />designee, shall set a date for a hearing and give the petitioner at least five (5) days prior <br />written notice of the date, time and place of the hearing. (Amended, Ord. 844, 5-20-10) <br /> <br />d. At the hearing, the petitioner shall be given an opportunity to show cause why the <br />notice, order or determination should be modified or withdrawn. The petitioner may be <br />represented by counsel of petitioner’s choosing at petitioner’s own expense. <br /> <br /> e. The hearing shall be conducted by the City Administrator, or the City <br />Administrator’s designee, provided only that the person conducting the hearing shall not <br />have participated in the drafting of the order, notice or determination for which review is <br />sought. (Amended, Ord. 844, 5-20-10) <br /> <br /> f. The person conducting the hearing shall make written findings of fact and <br />conclusion based upon the applicable sections of this Chapter and evidence presented. <br />The person conducting the hearing may affirm, reverse or modify the notice, order or <br />determination made by the Director. <br /> <br /> g. Any decision rendered by the City Administrator, or the City Administrator’s <br />designee, pursuant to this subdivision may be appealed to the City Council. A petitioner <br />seeking to appeal the decision must file a written notice of appeal with the City within <br />ten (10) days after the decision has been mailed to the petitioner. The matter will <br />thereupon be placed on the Council agenda as soon as it is practical. The Council shall <br />then review the findings of fact and conclusions to determine whether they are correct. <br />Upon a determination by the Council that the findings and conclusions are incorrect, the <br />Council may modify, reverse or affirm the decision of the City Administrator, or the City <br />Administrator’s designee, upon the same standards as set forth in Subparagraph f. <br />(Amended, Ord. 844, 5-20-10) <br /> <br /> <br />City of Mounds View