§ 9-344. Appeal

(a) The right to appeal to the city manager shall terminate upon the expiration of fifteen (15) calendar days from the date of the notice of intent to revoke. The appeal shall be personally delivered to or sent by certified mail to the office of the city clerk. The time for filing an appeal shall begin from the date of personal service or the date of acknowledgment on the certified mail of the above notice.

(b) In the event an appeal is timely filed, the suspension or revocation shall not become effective until a final decision has been rendered by the city manager. If no appeal is filed, the suspension or revocation shall become effective upon the expiration of the period for filing an appeal.

(c) The city manager shall set a date, time and place for a hearing on appeal and shall notify the appellant of the date, time and place of the hearing. The notice of the hearing date shall be sent by certified mail with proof of service attached, to the appellant at least ten (10) calendar days prior to the date of the hearing, addressed to the address listed on the respective application, or to the address given in the notice of appeal. The appellant shall be entitled to a copy of the documents upon which the intent to revoke is based and will have the opportunity to present contrary evidence at the hearing.

(d) The city manager, for good cause shown, may grant the appellant a request for a continuance. Only one (1) continuance will be granted.

(e) The city manager shall preside over the hearing on appeal or, in the alternative, the city manager may appoint a hearing officer to conduct the hearing and receive relevant evidence. The city manager or hearing officer shall render a written decision within forty-five (45) calendar days from the date of the hearing. The decision of the city manager or hearing officer shall be final. The statement of decision shall include reference to Sections 1094.5 and 1094.6 of the California Code of Civil Procedure.

(f) The following rules and evidence shall apply at the hearing:

(1) Oral evidence shall be taken only under oath or affirmation. The city manager or hearing officer shall have authority to administer oaths, and to receive and rule on the admissibility of evidence.

(2) Each party shall have the right to call and examine witnesses, to introduce exhibits, and to cross-examine opposing witnesses who have testified under direct examination. The city manager or hearing officer may also call and examine any witness.

(3) Technical rules relating to evidence and witnesses shall not apply to hearings provided for in this chapter. Any relevant evidence may be admitted if it is material and is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule that might make admission of such evidence improper over objection in court actions. Hearsay testimony may be admissible and used for the purpose of supplementing or explaining any evidence given in direct examination, but shall not be sufficient in itself to support a finding unless such testimony would be admissible over objection in civil actions. The rules of privilege shall be applicable to the extent they are now, or are hereafter permitted in court actions. Irrelevant, collateral, undue, and repetitious testimony shall be excluded.

(g) In the event that the city manager or hearing officer revokes the massage establishment permit, the establishment must cease operation immediately upon receipt of the notice of decision.

((Ord. No. 11-7, § 1, 7-19-11 )