§ 5-406. Appeal from designation.

(a)

If the police chief designates a multi-family dwelling community for participation in the mandatory crime reduction program pursuant to this article, this action is final unless the owner or manager of the multi-family dwelling files a written appeal to the board with the police chief not later than fifteen (15) calendar days after receiving notice of being a designated multi-family dwelling.

(b)

The board shall sit as a permit license and appeal board for purposes of hearing appeals under this article.

(c)

If the appeal of the police chief's decision is based on changes in a multi-family dwelling community's occupancy rate, then the owner or manager of the multi-family dwelling shall, at the time of filing the appeal, also file with the police chief and the police chief a copy of a current and valid license for every occupied dwelling unit in the multi-family dwelling.

(d)

If a written request for an appeal is filed timely under subsection (a), the board shall hear the appeal. The police chief shall set a date for the hearing within sixty (60) days after the date the appeal is filed.

(e)

A hearing by the board may proceed if a quorum of the board is present. The board shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply. Any dispute of fact must be decided on the basis of preponderance of the evidence presented at the hearing.

(f)

In deciding the appeal, the board is limited to the issue of whether the multi-family dwelling's community per capita crime index was greater than the crime risk threshold calculated for all registered multi-family dwellings in the city for the particular types of crime that qualified the multi-family dwelling for designation under section 5-403 at the time of designation. The board shall affirm the decision of the police chief if the board finds that the multi-family dwelling's community per capita crime index exceeded the applicable crime risk threshold at the time of designation and shall reverse the police chiefs decision if the board finds that the community per capita crime index did not exceed the applicable crime risk threshold at the time of designation.

(g)

The board's decision must be by a majority vote of the members present. Failure to reach a majority vote will leave the decision of the police chief unchanged. The decision of the board is final, and no rehearing may be granted.

(Ord. No. 2194, § 3, 2-28-12)