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<br />218054v3 <br /> Subd. 3 C. Upon receipt of the petition, the City ManagerAdministrator, or the <br />Manager'sAdministrator’s designee, shall set a date for a hearing and give the petitioner at least <br />five (5) daysdays’ prior written notice of the date, time and place of the hearing. <br /> <br /> Subd. 4 D. At the hearing, the petitioner shall be given an opportunity to show cause why the <br />notice, order or determination should be modified or withdrawn. The petitioner may be <br />representrepresented by counsel of petitioner's choosing at petitioner's own expense. <br /> <br /> Subd. 5 E. The hearing shall be conducted by the City Administrator, or the <br />Administrator'sAdministrator’s designee, provided only that the person conducting the hearing <br />shall not have participated in the drafting of the order, notice or determination for which review <br />is sought. <br /> <br /> Subd. 6 F. The person conducting the hearing shall make written findings of fact and <br />conclusion based upon the applicable sections of this Chapter and evidence presented. The person <br />conducting the hearing may affirm, reverse or modify the notice, order or determination made by <br />the Director. <br /> <br /> Subd. 7 G. Any decision rendered by the City Administrator or clerk, or the <br />Administrator'sAdministrator’s designee, pursuant to this subdivisionsection may be appealed to <br />the City Council. A petitioner seeking to appeal the decision must file a written notice of appeal <br />with the City within ten (10) days after the decision has been mailed to the petitioner. The matter <br />will thereupon be placed on the Councilcouncil agenda as soon as it is practical. The City Council <br />shall then review the findings of fact and conclusions to determine whether they are correct. Upon a <br />determination by the City Council that the findings and conclusions are incorrect, the City Council <br />may modify, reverse or affirm the decision of the City Administrator, or the <br />Administrator'sAdministrator’s designee, upon the same standards as set forth in Subd. <br />6.subsection F of this section. <br /> <br /> <br /> SECTION 2. This Ordinance shall become effective and be enforced from and after the <br />day following its passage and publication. <br /> <br />