A. Appeal to City Council. An applicant or owner may appeal a denial of an operating license or the decision to suspend or revoke a license to the City Council by filing a written notice of appeal, including the basis for the appeal, and paying the appeal fee within 12 calendar days of the license suspension or revocation. The requirement to file a written notice of appeal and pay the fee is jurisdictional and late filings and/or payments are not allowed. The appeal shall be filed with the City Recorder.

B. Appeal Fee. The appeal fee will be established by City Council resolution. The fee shall be sufficient to recover the average or actual costs of mailing notice of hearing and conducting the hearing.

C. Procedures. The City Manager may establish administrative procedures to implement the appeal procedures. The City Council may adopt procedures for hearings, including but not limited to time limits on oral testimony and limitations on written argument.

D. 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. The City 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.

E. Standard of Review and Decision. After the hearing, the City Council shall decide whether to uphold the staff decision.

F. Finality. The City Council’s decision shall be final on the date of mailing the decision to the appellant. The City Council’s decision is the final decision of the City and is appealable only by writ of review to Deschutes County Circuit Court. [Ord. NS-2268, 2016; Ord. NS-2257, 2015]