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hearing officer's decision; failure to request an appeal will constitute a waiver of all appeal rights, and the decision of the hearing officer will be final. 4. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of fines or penalties upheld by the hearing officer. H. Appeal to City Manager. After receipt of the hearing officer's written decision, the party contesting the notice may appeal by sending a written appeal request to the City Clerk within ten (10) days from the date of the hearing officer's decision. The appeal request should include facts that may justify rescinding the hearing officer's decision. If such an appeal request is timely made, it shall stay enforcement of the appealed hearing officer's decision. The City Clerk will forward the appeal request and supporting documents concerning the original notice and request for hearing to the city manager. The city manager will review all information and determine if the hearing officer's decision will stand. The city manager, at his or her discretion, may hold a public hearing on the matter and accept oral and written testimony. The holder will be notified in writing of the city manager's decision concerning the appeal within thirty (30) days after sending the written appeal request. The decision of the city manager shall be final. I. Judicial Review. Judicial review of the city manager's decision and any penalties imposed under this chapter shall be taken under Cal. Government Code §53069.4(b) and commenced within twenty (20) days of the date of service of the decision. 9.32.190 Enforcement. A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity. B. The Community Development Director, hearing officer, or city manager shall suspend or revoke a permit for a violation of this chapter as set forth in Section 9.32.160. 1. A violation of this chapter may be documented by an administrative citation issued by a police officer or community services officer of the Police Department, or a code enforcement officer of the Community Development Department. A copy of the administrative citation may be provided to the person violating this chapter, and another copy provided to the Community Development Department for it to commence enforcement as provided in this Section 9.32.190. C. As an alternative to a suspension or revocation as provided in Subsection B., above, for a violation of Section 9.32.140, the Community Development Director, hearing officer, or city manager may instead exercise prosecutorial discretion based on the facts underlying the violation and enter into an agreement with the permittee who received notice of violation as follows: 1. For the first violation of this Chapter within any five (5) year period, a fine of One Thousand Dollars ($1,000) and a one (1) day permit suspension. 2. For the second violation of this Chapter within any five (5) year period, a fine of Five Thousand Dollars ($5,000) and a ten (10) day permit suspension. 11