(1) A person receiving a notice under YMC 9.27.090 may appeal to the justice court to have the exclusion rescinded or the exclusion period shortened. An appeal shall be filed by providing a written request for hearing within 10 business days of the date of the exclusion notice. Failure to file written notice of appeal within 10 business days will be deemed a waiver of any appeal rights.

(2) The request for an appeal hearing must be in writing, contain a copy or description of the notice of exclusion, and a statement of the basis on which the decision to exclude is invalid, unauthorized, or otherwise improper.

(3) The justice court shall schedule a hearing on the appeal within 15 business days of receiving the request, unless the appellant requests a later date. Notice of the hearing time and date shall be given to the appellant and to the person issuing the exclusion notice.

(4) At the hearing, the appellant may contest the validity of the exclusion and may present evidence. The city shall have the burden of proving the validity of the exclusion by a preponderance of the evidence.

(5) If the justice court finds the city has proved each element necessary to issue the exclusion notice, and if the exclusion is otherwise in accordance with law, the justice court shall uphold the exclusion.

(6) If the justice court finds that the city has not met its burden of proof or that the exclusion is otherwise unlawful, then the justice court shall enter an order rescinding the exclusion.

(7) If an appeal of the exclusion is timely filed under this section, the effectiveness of the exclusion shall be stayed pending the outcome of the appeal. If the exclusion is affirmed, the remaining period of exclusion shall be effective immediately upon the issuance of the decision, unless the justice court specifies a later effective date.

(8) The determination of the justice court is a final decision and is not appealable to the city council. Appeals from any determination by the justice court under this chapter shall be by writ of review to the circuit court of Douglas County, Oregon, as provided in ORS 34.010 through 34.100. (Ord. 438 § 10, 2020).