Upon receipt of a request for hearing by an applicant or permittee, as provided in this chapter, the city manager, or his designee, shall notify applicant or permittee by personal service or United States mail, first class postage prepaid, of the time and place of such hearing. Said hearing shall be held within fourteen days after receipt of the appeal or request for hearing, and the applicant or permittee shall be notified of said hearing at least five days prior to the hearing date.

The hearing shall be conducted to determine the existence of any facts which constitute grounds for the denial, suspension or revocation of a permit. The hearing shall be conducted by the city manager or by a hearing officer appointed by the city manager. The applicant or permittee may have the assistance of counsel or may appear by counsel and shall have the right to present evidence. In the event that the applicant or permittee fails to appear at the hearing, the evidence of the existence of facts which constitute grounds for denial, suspension or revocation of the license or permit shall be considered conclusively established.

At the conclusion of such hearing, the city manager, or his designee, may render a decision or, in the alternative, the city manager, or his designee, may elect to render a written decision, which shall be furnished the applicant or permittee by United States mail, first class postage prepaid, not less than two working days following the conclusion of the hearing. Such written decision shall become effective ten days after the date of decision or the date of the mailing of the notice of decision, unless within said ten-day period the decision is appealed in writing to the city council. Upon failure to file such an appeal within the ten-day period, the decision of the city manager, or his designee, shall be final and conclusive.

The decision of the city manager, or his designee, may be appealed to the city council in writing within ten days after the date of the decision, or the date of mailing of the notice of decision, stating reasons why the decision for denial, suspension or revocation should not have been made, and upon said appeal, applicant or permittee shall have the burden of proving that the decision rendered by the city manager, or his designee, was unreasonable, erroneous or a clear abuse of discretion. The appeal hearing before the city council shall be held within twenty-one days from the receipt of the written appeal, and applicant or permittee shall be notified by personal service or United States mail, first class postage prepaid, of the hearing at least seven days prior to the hearing date. The effect of the decision by the city manager, or hearing officer shall be stayed while an appeal to the city council is pending or until the time for filing such appeal has expired. If an appeal is not timely filed, the decision of the city manager or hearing officer shall be final and conclusive. (Ord. 84-1 § 1, 1984)