§ 34-31. Appeal of denial or revocation of newsrack permit.

(a)

If the director denies the issuance or renewal of a permit or revokes a permit, the action is final unless the permittee files a written appeal to the zoning board of adjustment with the city secretary not later than ten (10) business days after receiving notice of denial or revocation.

(b)

The zoning board of adjustment shall sit as a permit license and appeal board for purposes of hearing appeals under this article.

(c)

If a written request for an appeal hearing is filed timely with the city secretary, the board shall hear the appeal within thirty (30) days from the city's receipt of the appeal unless otherwise agreed by the city and the appellant.

(d)

Written notice of the time and place of the hearing shall be delivered to the applicant at least ten (10) business days prior to the date of the hearing.

(e)

The revocation of a permit is stayed pending appeal. A revocation upheld by the board takes effect on the first midnight that is at least twenty-four (24) hours after the board issues its decision.

(f)

A hearing by the board may proceed if a quorum of the board is present. The board shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply. Any dispute of fact must be decided on the basis of a preponderance of the evidence presented at the hearing.

(g)

The decision of the board is final unless appealed to a court of competent jurisdiction within ten (10) business days of delivery of the decision.

(Ord. No. 2009-9129, § 2, 10-22-09)