Sec. 28.803. - Appeal.

(a) Appeal of trespass after warning. A person to whom a notice of trespass after warning is issued shall have a right to appeal as follows: (1) Appeals shall be filed with the Director to be assigned to a hearing officer, which shall be a lawyer assigned by the Office of General Counsel. (2) Copies of documents in the City's or Sheriff's control which are intended to be used at the hearing shall be made available, upon request, to the appellant. (3) An appeal of a one-year trespass exclusion must be filed, in writing, within 30 calendar days following the date of arrest or notice of trespass after warning. (4) Within five business days after the receipt of the appeal, or such longer period of time as agreed to by the parties, the hearing officer shall hold a quasi-judicial hearing on an appeal and shall render a decision on the appeal at the conclusion of the hearing. The decision of the hearing officer shall be based solely on the criteria set forth in this Section. (5) A one-year trespass exclusion shall take effect upon issuance of the notice of trespass after warning and shall remain in effect for one year thereafter. If the hearing officer grants the appeal, the trespass shall immediately thereafter be dissolved concerning the facts underlying the dissolved trespass. (6) At the hearing on an appeal of a one-year trespass exclusion, the Sheriff or his or her designated officer shall have the burden to show by a preponderance of the evidence that the appellant committed any of the offenses enumerated in this Part, and that the conduct supporting the exclusion occurred within a City facility. (7) At the hearing on an appeal of a one-year trespass exclusion, a judgment of conviction for any of the offenses that formed the basis for the exclusion, shall be conclusive evidence that the described conduct occurred. (b) Review of decision of hearing officer. The decision of the hearing officer is subject to review in the Circuit Court by petition for writ of certiorari. Any petition for writ of certiorari for review shall be filed with the Clerk of Circuit Court within 30 days after the appellant has received notice of the hearing officer's decision. Unless good cause exists to contest a petition for writ of certiorari, the City shall stipulate to certiorari no later than five business days after the petitioner requests such a stipulation. The City shall transmit the record to the court no later than five business days after receiving the order allowing certiorari. (Ord. 2007-839-E, § 7; Ord. 2017-1-E , § 1)