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1. An applicant or license holder who is denied a residential care facility business license or request for reasonable accommodation under this chapter may appeal the decision to the city administrator.

2. Notice of an appeal shall be filed with the city administrator within fourteen (14) days of the decision denying or revoking the residential care facility business license.

3. The notice of appeal shall identify the appellant and set forth the grounds for the appeal.

a. If a notice fails to state the grounds for the appeal, the appeal may be summarily denied.

b. An appellant must present every theory of relief it is claiming to preserve that theory for review in the district court.

4. The city administrator may hear the appeal or may appoint an appeals officer to hear the appeal.

5. Upon receipt of an appeal, the city administrator or appeal officer shall set an informal hearing as soon as practically possible (but not later than thirty (30) days after receipt of the request) in which the appellant and interested parties may address the city’s decision.

6. The appellant has the burden of proving the city’s decision was made in error.

7. The city administrator or appeal officer shall review factual matters on the record and shall be limited to reviewing documents and information presented to the city during the application process.

8. Any decision by the city administrator or appeal officer on an appeal of a residential care facility shall:

a. Be issued in writing within fourteen (14) days of the meeting at which the appeal was heard;

b. Set forth the findings of the city administrator or designated appeal officer; and

c. Be delivered in person or by first-class mail to the applicant and/or appellant.

9. A party adversely affected by the decision of the city administrator or appeal officer may file a petition for review of the decision with the district court within thirty (30) days after the decision is final. (Ord. 2018-2 § 3, adopted, 2018)