Appeal—Retention of security deposit

(a)

A permittee who has had all, or a portion of its security deposit retained, because it was assessed damages pursuant to this chapter may, within fifteen (15) days of the service of notice of such determination, file a written contest of such determination with the official.

(b)

The official shall have fifteen (15) days from the date on which the contest was received in which to review the file, the applicants written contest and serve upon the permittee a notice that the official has affirmed, modified or reversed the retention of security deposit. Such notice shall be deemed served upon the permittee when it is personally delivered or when it is sent by certified United States mail, with proper postage prepaid, to the name and address set forth on the application for special event permit.

(c)

A permittee aggrieved by a determination of the official shall file a request for an administrative hearing in the manner set forth in section 1-19 of the City Code of Ordinances. The permittee shall pay a fee, as established by city council, at the time of filing. Each request for an administrative hearing shall state succinctly the grounds upon which it is asserted that the determination should be modified or reversed and shall be accompanied by copies of all relevant items of record.

(d)

An appeal of the decision by the official, or his designee, pursuant to section 1-19 of the City Code, shall be made by filing a petition for writ of certiorari to the circuit court in such manner as prescribed by law.

(Ord. No. 2009-126, § 1, 8-20-09)