A. Filing Requirements – Notice. The owner or authorized agent may appeal a short-term rental operating license decision to revoke an operating license under BC 7.16.090.

B. Authority to Decide Appeal. The City Council shall be responsible for determining an appeal of a decision approving or denying an application or renewal application for an operating license, or revoking or suspending an operating license, in any zone.

C. Time for Filing. An appellant is required to file a written notice of appeal including the basis for the appeal within 12 calendar days of the license determination being appealed. This requirement is jurisdictional and late filings shall not be allowed.

D. Fee for Appeal. The City Council may establish by resolution a fee for filing an appeal, which shall be jurisdictional. The fee shall be sufficient to recover the average or actual costs of mailing notice of hearing and conducting the hearing.

E. Procedures. The City Manager may establish administrative procedures to implement the appeal procedures provided in this section, including any required forms. The Council may adopt procedures for hearings not in conflict with this section, including but not limited to time limits on oral testimony and limitations on written argument.

F. Hearing. Within 21 days of receiving the notice of appeal, the City Manager shall schedule a hearing on the appeal before the City Council. At the hearing, the appellant shall have the opportunity to present evidence and arguments as may be relevant. The Council may direct the City Attorney to draft findings of fact and interpretations of code or law to be considered at a later Council meeting.

G. Standard of Review and Decision. The Council shall determine whether the City’s decision was based on a preponderance of the evidence. A decision of the Council shall be based on the evidence received, in writing and signed by the chair, no later than 30 days after the close of the hearing. The Council may determine not to suspend or revoke the license, or to revoke or suspend the license. If the Council upholds the decision to revoke the operating license, the Council shall order the owner to discontinue use as a short-term rental. If the Council reverses the decision to revoke the operating license, the operating license shall be granted.

H. Finality. The Council’s decision shall be final on the date of mailing the decision to the appellant. The Council’s decision is the final decision of the City and is appealable only by writ of review to Circuit Court. [Ord. NS-2239, 2015]