Part 4 — HEARING AND APPEAL PROCEDURE FOR RENEWAL OF EXEMPTIONS

A.

Upon determining the existence of any of the grounds for denial or revocation of a renewal of an exemption in accordance with Section 9.60.390, the director may issue to the owner a notice of intended decision to deny or revoke the exemption.

B.

The notice of intended decision shall state all the grounds upon which the denial or revocation of the renewal application for an exemption is based.

C.

The notice of intended decision shall advise the owner that the denial or revocation shall become final unless the owner files a written request for hearing before the director within ten calendar days of the date

of service of the notice of intended decision to deny or revoke the renewal of the exemption.

D.

The notice of intended decision shall specify the effective date of the denial or revocation of such exemption.

(Ord. 26292.)

A.

The written request for a hearing before the director must be received by the director within ten calendar days of the date of the notice of intended decision to deny or revoke the renewal of the exemption.

B.

Upon timely receipt of a written request for a hearing, the director shall schedule a hearing which shall be held no later than thirty calendar days after receipt of a timely request for hearing.

C.

The director shall serve a notice of hearing on the owner at least ten calendar days prior to the scheduled date of the hearing.

D.

At the hearing before the director, the owner shall be given the opportunity to present witnesses and relevant documentary evidence.

E.

The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all evidence which the director deems reliable, relevant and not unduly repetitious may be considered.

(Ord. 26292.)

A.

Within twenty calendar days after the hearing, the director shall serve on the owner a written decision sustaining, reversing or modifying the director's intended decision.

B.

The decision by the director after hearing shall become final unless the owner files an appeal before the appeals hearing board within the time period specified in Section 9.60.430.

(Ord. 26292.)

A.

If an owner is dissatisfied with the written decision of the director, the owner may file an appeal to the appeals hearing board.

B.

The appeal must be in writing on a form provided by the appeals hearing board and must be received by the secretary of the appeals hearing board within fifteen calendar days of the date of the director's decision.

C.

The appeal hearing shall be conducted in accordance with the rules and regulations of the appeals hearing board.

Part 5 - ENFORCEMENT

Every owner shall comply with the provisions of this chapter and every provision of the owner's approved abandoned cart prevention plan.

Any owner who violates any provision of this chapter or any provision of the owner's approved abandoned cart prevention plan shall be subject to enforcement procedures for each violation through any lawful means available to the city, including without limitation institution of administrative remedies in accordance with Chapter 1.14 of Title 1 of this Code.

(Ord. 26292.)

The city shall notify the owner of an abandoned cart as identified on the signage information permanently affixed to the cart. The city notification shall be documented and provided either by telephone or by written notice. The notification shall require that the identified cart(s) be retrieved pursuant to the conditions for retrieval as set forth in the owner's abandoned cart retrieval plan.

(Ord. 26292.)