(a) The provisions of this Section apply to any decision (other than a decision relating to a refund pursuant to Section 5.130 of this Article), deficiency determination, assessment or administrative ruling of the Tax Administrator. Any person aggrieved by any decision (other than a decision relating to a refund pursuant to Section 5.130 of this Article), deficiency determination, assessment or administrative ruling of the Tax Administrator shall be required to comply with the appeals procedure of this Section. Compliance with this Section shall be a prerequisite to a suit thereon. Nothing herein shall permit the filing of a claim or action on behalf of a class or group of taxpayers.
(b) If any person is aggrieved by any decision (other than a decision relating to a refund pursuant to Section 5.130 of this Article), deficiency determination, assessment, or administrative ruling of the Tax Administrator; he or she may appeal to the City Administrator by filing a notice of appeal with the City Clerk within 14 days of the date of the decision, deficiency determination, assessment or administrative ruling of the Tax Administrator which aggrieved the service user or service supplier.
(c) The matter shall be scheduled for hearing before an independent hearing officer, which independent hearing officer shall not be an officer, official or employee of the City, selected by the City Administrator no more than 30 days from the receipt of the appeal. The appellant shall be served with notice of the time and place of the hearing, as well as any relevant materials, at least five calendar days prior to the hearing. The hearing may be continued from time to time upon mutual consent. At the time of the hearing, the appealing party, the Tax Administrator, and any other interested persons may present any relevant evidence as he or she may have relating to the determination from which the appeal is taken.
(d) Based upon the submission of such evidence and the review of the City’s files, the hearing officer selected pursuant to Subdivision (c) of this Section shall issue a written notice and order upholding, modifying or reversing the determination from which the appeal is taken. The notice shall be given within 14 days after the conclusion of the hearing and shall state the reasons for the decision. The notice shall specify that the decision is final and that any petition for judicial review shall be filed within 90 days from the date of the decision in accordance with Section 1094.6 of the California Code of Civil Procedure.
(e) All notices under this Section may be sent by regular mail, postage prepaid, and shall be deemed received on the date established by a proof of delivery.
(Ord. No. 1210, § 1.)
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