5.25.130 Appeals.
A. Any person aggrieved by any decision with respect to the denial of or a refusal to issue a short-term rental permit or the suspension of a short-term rental permit may appeal the decision by filing a written notice of appeal requesting a hearing with the short-term rental specialist no later than 15 days from the date of the decision letter. The notice of appeal shall be on a form approved by the city.
B. This section is not applicable to any penalty including fines imposed by a court or for actions brought pursuant to SCC 5.25.140.
C. An appeal under this section does not operate as a stay of the permit suspension.
D. If the owner or owner’s designee timely requests a hearing, the city shall schedule a hearing date before a civil hearing officer within 30 days of receipt of the request and give written notice to the owner or owner’s designee of the scheduled date.
1. The hearing shall be held during regular city business hours.
2. All proceedings before the hearing officer shall be informal and without a jury, except that testimony shall be given under oath or affirmation. The rules of evidence do not apply, except for statutory provisions relating to privileged communications, and the hearing officer may permit any evidence deemed relevant to the issues at hand to be admitted. No prehearing discovery shall be permitted, except under extraordinary circumstances as determined by the hearing officer. The city is required to prove violations of this chapter by a preponderance of the evidence.
3. The hearing officer is authorized to make such orders as may be necessary or appropriate to fairly and efficiently determine the truth and decide the case at hand.
4. The hearing may be continued one time by the hearing officer upon the written request of either party for good cause.
5. The owner and the city shall each be given an opportunity to present their respective cases. The city shall present its case first and each presentation may include:
a. Sworn testimony;
b. Submission of evidence;
c. Presentation of witnesses;
d. Cross-examination;
e. Opening and closing statements.
The owner and city shall each be limited to two hours for testimony, presentation, cross-examination and statements unless the hearing officer, for good cause shown, extends the time.
6. The hearing officer shall render a written decision within 30 days of the close of the hearing.
7. If the owner or owner’s designee fails to appear at the scheduled hearing, the hearing officer shall enter an order in favor of the city.
8. The hearing officer’s order shall be mailed to the owner or owner’s designee by certified, return receipt requested mail.
9. The hearing shall be recorded by an electronic recording device.
E. Any final suspension shall be for a period of one year, except that a hearing officer may reduce the suspension period to a period of six months upon a finding that the owner has made reasonable attempts to prevent nuisance activities and violations from occurring at the short-term rental. [Ord. 2022-11 § 1, 11-22-2022; Res. 2022-36 Exh. A, 11-22-2022].