A. Any appeal from a decision of the hearing officer shall be filed with the city clerk. The appellant shall also mail a copy of the appeal to the responding party. The appeal shall state the grounds on which it is based. An appeal filed by a tenant shall be accompanied by a statement continuing the names and addresses of the tenants supporting the appeal. The appeal must be supported by at least fifty-one percent of the tenants affected by the appeal.

B. Upon filing of a valid appeal, the city administrative officer shall obtain a list of no less than seven qualified hearing officers. The hearing officer who previously acted shall not qualify. Owners and tenant representatives may each delete one person from the list of qualified hearing officers within seven days, and three of the remaining persons shall be selected by the city administrative officer as the appellate panel. Appointment of the appellate panel shall be completed no later than twenty-one days after filing the appeal.

C. At the time set for consideration of the appeal, the appellate panel shall review and consider the record of the hearing officer’s hearing as well as the decision and finding of the hearing Officer. After review and consideration, the appellate panel may either (1) determine that a further hearing shall be held, or (2) ratify and adopt the decision and findings of the hearing officer. If a further hearing is conducted, the appellate panel may, upon conclusion of that hearing and in no event more than thirty days thereafter, modify or reverse the decision of the hearing officer, only if the appellate panel finds that there has been an abuse of discretion or that there is no substantial evidence to support the hearing officer’s decision. The appellate panel’s decision shall be final and no appeal may be taken to the council.

D. If the party filing the appeal is unsuccessful, then that party shall pay the appellate panel’s charges. If the responding party is unsuccessful, then both parties and the city shall share equally in payment of the appellate panel’s charges. (Ord. 1117 (part), 1988)