A. Any affected person(s) may appeal a decision of the Chief of Police imposing a fine or modifying, denying, suspending, or revoking a Massage Business Permit to the City Manager within 10 calendar days from the date the notice is given. Said appeal shall be in writing and filed with the City Manager upon forms provided by the Police Department and shall specify therein that the decision of the Chief of Police was in error and identify the facts and circumstances on which the claim of error is based. If an appeal is filed within the time limit specified, it shall automatically stay proceedings in the matter until a determination is made by the City Manager. The City Manager shall set the matter for hearing before a hearing officer appointed by the City Manager at the soonest date convenient to the appellant. The City shall notify the parties in writing of the date and location of the hearing at least 10 business days prior to said date.

B. The fee to request an appeal pursuant to this chapter shall be in the form of a deposit, the amount to be determined by the City Manager in accordance with any applicable law based on the anticipated staff cost to conduct the hearing. If the cost of the hearing or appeal exceeds the deposited amount, the requesting party shall be responsible for payment of the additional costs incurred. If the hearing officer determines that the violation is not supported by the evidence, the entire deposited amount will be returned to the party that requested the appeal. The appeal hearing shall be conducted pursuant to CVMC 1.30.090 and 1.30.100 and Chapter 1.40 CVMC. (Ord. 3541 § 1, 2023).