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• <br /> 9.9 ' Appeal Procedures <br /> A. Appeals. <br /> 1. Any user who has been subject to an enforcement action by the City and who <br /> seeks to dispute a Notice of Violation, order, fine, or other action of the Director <br /> may file an appeal. No other person may appeal an enforcement action. <br /> 2. The notice of appeal must be filed in writing and received by the Director, in <br /> writing, within ten (10) calendar days of the receipt of the disputed action or <br /> proposed action. If the notice of appeal is not received by the Director within the <br /> 10 day period, the right to an appeal is waived. The notice of appeal shall state <br /> with particularity the basis upon which the appellant is disputing the action taken <br /> or proposed to be taken. <br /> 3. Upon receipt of a timely notice of appeal, the Director shall set a date and time for <br /> an appeal hearing, but in no case shall the hearing be set more than sixty(60) days <br /> from the receipt of the timely notice of appeal. The appellant shall be notified in <br /> writing of the date, time, and place for the appeal hearing. The Director or his/her <br /> designee shall serve as the hearing examiner and be the presiding officer at the <br /> hearing. <br /> B. Appeal Hearing. <br /> 1. Content of Notice of hearing. The notice of hearing shall include: <br /> (a) Names and mailing addresses of all parties to whom notice is being given, and <br /> if known, the names and addresses of their representatives; <br /> (b) If the City intends to appear, the mailing address and telephone number of the <br /> office designated to represent the City in the proceeding; <br /> (c) The official file or other reference number and name of proceeding; <br /> (d) The name, official title, mailing address and telephone number of the presiding <br /> officer, if known; <br /> (e) A statement of the time,place and nature of the proceeding; <br /> (f) A statement of the legal authority and jurisdiction under which the hearing is to <br /> be held; <br /> (g) A reference to the particular section of the ordinance or regulations involved; <br /> (h) A short and plain statement of the matters asserted by the agency; and <br /> (i) A statement that a party who fails to attend or participate in a hearing or other <br /> stage of an appeal hearing may be held in default. <br /> 2. Procedures at hearing. The hearing examiner/presiding officer, who may be the <br /> Director, or his or her designee, shall regulate the course of the hearing. The <br /> presiding officer shall afford to all parties the opportunity to respond, present <br /> 1 y 0 evidence and argument, conduct cross-examination, and submit rebuttal evidence; <br /> 52 <br />