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<br />I <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />City of Arden I-1ills <br /> <br />380.15 <br /> <br />Ordinance #351 Establishing a Local Lodging Tax <br /> <br />Appeals. <br /> <br />A. Any operator aggrieved by a notice, order or determination made by <br />the Director under this Chapter may file a petition for review of such <br />notice, order or determination detailing the operator's reasons for <br />contesting the notice, order or determination. The petition shall <br />contain the name ofthc pctitioner, the petitioner's address and the <br />location ofthe lodging subject to lhe order, notice or determination. <br /> <br />B. The petition for review shall be filed with the City within ten (10) days <br />after the notice, order or determination for which review is sought has <br />been mailed or served upon the person requesting review, <br /> <br />C. Upon receipt ofthe petition, the City Manager, or the Manager's <br />designee, shall set a date for a hearing and give the petitioner at least <br />five (5) days prior written notice of the date, time and place of the <br />hearing, <br /> <br />D. At the hearing, thc petitioner shall be given an opportunity to show <br />cause why the notice, order or determination should be modified or <br />withdrawn, The petitioner maybc reprcsent by counsel of petitioner's <br />choosing at petitioner's own expense. <br /> <br />E, The hearing shall be conducted by the City Administrator, or the <br />Administrator's designee, provided only that the person conducting the <br />hearing shall not have participated in the drafting of the order, noticc <br />or determination for which review is sought. <br /> <br />F. The person conducting the hcaring shall make written findings of fact <br />and conclusion bascd upon the applicable sections of this Chapter and <br />evidence presented, The person conducting the hearing may affirm, <br />reverse or modify the notice, order or determination made by the <br />Director. <br /> <br />G. Any decision rendered by the City Administrator, or the <br />Administrator's designcc, pursuant to this subdivision may be <br />appealed to the City Council. A petitioner seeking to appeal the <br />decision must file a written notice of appeal with the City within ten <br />(10) days after the decision has been mailed to the petitioner. The <br />matter will thereupon be placcd on the Council agenda as soon as it is <br />practical. The Council shall then review thc findings of fact and <br />conclusions whether they are correct. Upon a dctermination by the <br />Council that the findings and conclusions are incorrect, the CouDcil <br />may modify, reverse or affirm the decision of the City Administrator, <br />or the Administrator's designee, upon the same standards as set forth <br />in Subparagraph F. <br /> <br />#351 - 6 <br />