§ 13.23.410. Hearing.

A.

Upon receipt of a timely written request for a hearing on a notice of decision to deny an application for a city hall plaza event permit or to revoke a city hall plaza event permit, the city manager shall schedule a hearing. The city manager promptly shall notify the applicant or permittee of the hearing date, time and location.

B.

The hearing with the city manager shall be held within the following time frames:

1.

Five business days after receipt of the request for hearing, if the proposed activity is to occur more than twenty business days after timely receipt of the request for hearing; or

2.

Two business days after receipt of the request for hearing, if the proposed activity is to occur less than twenty business days but more than three business days after timely receipt of the request for hearing.

3.

If the proposed activity is to occur three or fewer business days after the city manager's issuance of the notice of decision, the notice of decision shall also state the time, date and location of the hearing. When reasonably possible, the hearing shall occur at least twenty-four hours prior to the proposed activity. The city manager, when reasonably possible, shall also provide the permittee or applicant at least twenty-four hours advance notice of the hearing.

C.

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

D.

After closing the hearing, the city manager shall give a decision sustaining, reversing or modifying the decision to deny or revoke the city hall plaza event permit. A written notice of final decision shall be hand delivered or sent by mail to the permittee or applicant.

E.

The decision of the city manager shall be final.

(Ord. 27472.)