§ 5.44.170. Appeal to the City Council.

An appeal may be taken to the City Council by any person aggrieved by an order of the Chief of Police concerning the denial, suspension or revocation of a permit. The right of appeal is subject to the conditions and procedures set forth in this section:

A.

Procedures—Time Limitations. An appeal to the City Council shall be made by filing a petition in triplicate with the City Clerk not later than ten days from the decision of the Chief of Police or the mailing thereof, whichever is later. The petition shall set forth the grounds of appeal and the reasons why such appeal should be granted. Upon receipt of the petition, the City Clerk shall immediately forward a copy to the Chief of Police and within ten days following the filing of appeal the petition shall be placed on the agenda of the City Council. If the City Council will not have held a meeting within the aforesaid ten-day period, then the petition shall be received by the City Council at its next regularly scheduled meeting. Upon receipt of the petition, the City Council shall set the matter for hearing and give the appellant notice of a time and place for the hearing. The notice shall be given in person or by mail not later than ten days prior to the hearing. The hearing shall be held not later than 30 days following receipt of the petition by the City Council.

B.

Action by City Council. In considering and ruling upon the appeal of the petitioner, the City Council shall judge the merits of the appeal based upon those grounds set forth in Sections 5.44.130 and 5.44.150 of this chapter. The City Council may reverse or affirm wholly or partly or may modify any decision, determination, or requirement of the Chief of Police and may make such decisions or determinations or impose such conditions as the facts warrant, and may order that a permit be granted, suspended, or revoked in accordance with their ruling. The decisions of the City Council shall be final. Any hearing may be continued from time to time.

C.

Stay or Order. The filing of an appeal to the City Council stays all proceedings in furtherance of the action appealed from until determination of the appeal as provided in this chapter.

(Ord. 438 §17, 1972)