San Jose Municipal Code Part 4 Appeal

The notice of appeal to the airport commission of the demand for payment and expense of emergency response shall be in writing, shall specify the reasons for the appeal, and shall include all information and documentation the appellant desires the airport commission to consider in the appeal. The notice of appeal shall be filed with the director within fifteen calendar days after the date of the demand for payment.

(Ord. 27142.)

A. Upon receipt of a timely written request for a hearing on a demand for payment, the director shall schedule a hearing before the airport commission. The director shall notify the appellant of the hearing date, time and location.

B. The hearing with the airport commission shall be held not less than fifteen days and not more than sixty days from the date that the request for hearing is filed in accordance with the provisions of this chapter.

C. At the hearing, the appellant may present any relevant evidence. The hearing will be conducted informally and the technical rules of evidence shall not apply. The appellant may be represented by any person.

D. After closing the hearing, the airport commission shall render a decision sustaining, withdrawing or modifying the demand for payment based upon its review of the reasonableness of the emergency response or the expense of emergency response.

A written notice of final decision shall be hand-delivered or sent by mail to the appellant.

(Ord. 27142.)

The decision of the airport commission shall be deemed final and may only be reviewed by a court of competent jurisdiction under the California Code of Civil Procedure Section 1094.5.

(Ord. 27142.)