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Ordinance 2209 <br /> Page 9 of 11 <br /> 7. A statement that the failure to request a hearing on the notice of suspension <br /> or revocation will constitute a waiver of all hearing and appeal rights, and the <br /> suspension or revocation will be final. <br /> D. Service of notice shall be deemed complete at the time of personal service or the <br /> time the notice is deposited in the mail. Failure of any person to receive notice shall <br /> not affect the validity of any proceedings hereunder. <br /> 9.32.180 Hearing and Appeal. <br /> A. Request for Hearing. Any recipient of a notice of: denial of an application for a <br /> permit; denial of a renewal of a permit; or violation of this chapter described in <br /> Section 9.32.170 (a "notice") may contest the determination described in the notice <br /> by completing a request for hearing form and returning it to the city clerk within ten <br /> (10) days from the date of the notice. The request for hearing shall include a <br /> statement of the specific action protested, together with any facts claimed to support <br /> the protest, as well as a statement of relief sought. If such a timely request for <br /> hearing is made, it shall stay enforcement of the contested notice. If the request for <br /> hearing is found not timely or incomplete by the city clerk, the city clerk shall provide <br /> a written response to the requestor rejecting the hearing request. <br /> B. The person requesting the hearing shall be notified of the time and place set for the <br /> hearing at least ten (10) days prior to the date of the hearing. Written notice of the <br /> time and place for the hearing shall be provided in person or by mailing a copy <br /> thereof, postage prepaid, to the mailing address provided in the request for hearing <br /> form. Service shall be deemed to be complete at the time notice is personally served <br /> or deposited in the mail. The failure of any person to receive notice of hearing shall <br /> not affect the validity of any proceedings under this chapter. <br /> C. If the community development department submits an additional written report <br /> concerning the notice to the hearing officer for consideration at the hearing, then a <br /> copy of this report also shall be served on the person requesting the hearing at least <br /> five (5) days prior to the date of the hearing. <br /> D. The failure of any person to file a request for hearing in accordance with this section <br /> shall constitute waiver of that person's rights to administrative determination of the <br /> merits of the notice and any penalties assessed. <br /> F. Hearing officer. The city manager shall designate the hearing officer. <br /> G. Hearing procedure. <br /> 1. A hearing before the hearing officer shall be set for a date that is not less than <br /> ten (10) business days and not more than thirty (30) calendar days from the <br /> date that the request for hearing is filed in accordance with the provisions of <br /> this chapter, unless otherwise agreed to by the community development <br /> department and person requesting the hearing. <br /> 2. The hearing need not be conducted according to the technical rules relating <br /> to evidence and witnesses. Oral evidence shall be taken only upon oath or <br /> affirmation. The community development department and the person <br /> requesting the hearing shall have the right to call witnesses, introduce <br /> documentary and physical evidence. <br /> 3. The failure of the person requesting the hearing to appear at the hearing shall <br /> constitute a forfeiture of the hearing and a failure to exhaust administrative <br /> remedies. <br />