CHAPTER 4.
APPEALS
Sections:
1-4.01 Application of Provisions
1-4.02 Notices of Appeal: Time for Filing
1-4.03 Notices of Appeal: Contents
1-4.04 Notices of Appeal: Service on Respondents and Certification of Records
1-4.06 Orders for Rehearings by Respondents: Notices
1-4.07 Notices, Reports and Documents: Service by Mail
1-4.08 Council Hearings: Notices
1-4.01 Application of Provisions.
Whenever an appeal to the Council from an act, ruling or determination of a board, commission, or officer, or from a denial, suspension, or revocation of a permit or license, is allowed by a provision of this Code, the procedures set forth in this article shall apply.
(Sec. 1, Ord. 78-011)
1-4.02 Notices of Appeal: Time for Filing.
(a) Within fifteen (15) days after the act or determination appealed from, the person aggrieved shall file in duplicate with the City Clerk a written notice of appeal.
(b) If a board, commission, or officer makes a decision as the result of a hearing and announces that decision on a date other than a date specified for the hearing or continued hearing of the matter before the board, commission, or officer, any person who appeared thereat and addressed the board, commission, or officer in connection with such matter may file the notice of appeal not later than fifteen (15) days after the actual notice of the decision of the board, commission, or officer, or fifteen (15) days after the mailing of the notice by the board, commission, or officer of the determination to such a person in the manner provided in this article, whichever first occurs. The board, commission, or officer shall make and file a declaration of the mailing.
(c) Timely filing of the notice of appeal shall be a jurisdictional requirement.
(Sec. 2, Ord. 78-011)
1-4.03 Notices of Appeal: Contents.
Every notice of appeal shall contain a statement of the facts upon which it is based and the relief requested in sufficient detail to enable the Council to understand the nature of the controversy and the parties concerned.
(Sec. 3, Ord. 78-011)
1-4.04 Notices of Appeal: Service on Respondents and Certification of Records.
(a) The board, commission, or officer from whose act or determination the appeal is taken shall be considered the respondent. The City Clerk shall forthwith deliver to the respondent an exact copy of the notice of appeal. In cases where an officer appeals from the determination of a board or commission, the commission or board and the parties who are applicants or real parties in interest shall be considered the respondents. The notice shall be given by mail to the interested private parties in the manner provided in Section 1-4.07 of this chapter.
(b) Upon the receipt of the copy of the notice of appeal, the respondent board or commission shall promptly transmit to the Council the original or certified copies of the minutes of the hearing, if any, the decision or determination, and all other papers constituting any part of the record upon which the determination or act was based.
(c) When an appeal is taken from the denial of a permit or license or from an act or determination where there has been no hearing or formal written decision, the respondent, upon the receipt of the copy of the notice of appeal, shall immediately prepare and submit to the Council a report setting forth the nature of the act or determination and the reasons therefor.
(d) The notice and the record or report shall be submitted to the Council at its next regular meeting; provided, however, any notice filed after noon of the third business day preceding the meeting shall be presented at the next following meeting.
(Sec. 4, Ord. 78-011)
1-4.05 Denial of Appeals.
If, in the opinion of the Council, the facts stated in the notice of appeal do not warrant a hearing, the appeal may be dismissed forthwith, and the decision of the respondent board, commission, or officer shall thereupon become final.
(Sec. 5, Ord. 78-011)
1-4.06 Orders for Rehearings by Respondents: Notices.
Where there has been a prior hearing before the respondent board, commission, or officer, and the Council determines that new and material evidence not previously presented to the respondent is available, and such evidence could not with reasonable diligence have been discovered and produced at the prior hearing before the respondent, the Council may order that the respondent rehear such matter. Written notice shall be given the respondent and mailed to the appellant, and to such other persons as may have appeared and addressed the respondent at the prior hearing in connection with such matter, at least seven (7) days before the date of the hearing, and no other notice need be given.
(Sec. 6, Ord. 78-011)
1-4.07 Notices, Reports and Documents: Service by Mail.
Whenever a notice is required by this chapter to be given, or the service of reports, documents, or papers is required or is directed by the Council to be made, the notice or service may be given or made by addressing the same to the party or parties at the last address known and depositing the same, postage prepaid, in the United States mail.
(Sec. 8, Ord. 78-011)
1-4.08 Council Hearings: Notices.
If the Council finds that the facts stated in the notice of appeal and the appellant’s application, if any, constitute a matter of sufficient substantiality to warrant a hearing in the public interest, the Council shall set a time for the hearing and shall cause notice thereof to be given to the appellant, to the respondent, and to such other persons as may have an interest in the matter and have previously identified themselves in connection therewith.
(Sec. 7, Ord. 78-011)
1-4.09 Council Hearings.
Unless otherwise ordered and noticed, hearings shall be held as a part of the regular meeting of the Council. The hearing shall be de novo in that an independent reexamination of the matter shall be made. The appellant shall have the burden of proof in all cases, and where it appears that an appellant was served with a notice of hearing but fails to appear either in person or by counsel, or fails to present or offer evidence, the Council may adopt the determination or approve the act of the board, commission, or officer, or it may itself decide the matter upon the record with or without taking any additional evidence. Unless a demand is made, witnesses will not be sworn. It shall not be grounds for objection that evidence is hearsay or secondary, but the Council’s decision shall be made upon substantial evidence.
(Sec. 9, Ord. 78-011)
1-4.10 Council Decisions.
Upon the hearing of the appeal, the Council may refer the matter back to the respondent board, commission, or officer with directions for further consideration, or the Council may reverse, affirm, or modify the determination of the action of the respondent, and the Council may make such decision or determination as may appear just and reasonable in light of the evidence presented, and the Council’s decision shall be final and conclusive. The decision shall be entered in the minutes of the meeting as a motion. Testimony taken at hearings on appeals will not be transcribed or filed, except upon the request of a party thereto accompanied by the payment of the administrative costs and expenses of transcription.
(Sec. 10, Ord. 78-011)
1-4.11 Council Findings.
At the close of the hearing of the appeal, the Council shall prepare written findings if, prior to adjournment, the appellant or an aggrieved party requests the Council to make written findings. In such event the Council shall direct the City Attorney to draft a resolution containing the facts found to be true, which findings shall be considered and adopted by motion or resolution at a regular meeting of the Council not later than two (2) weeks next following the close of the appeal hearing. The findings shall include the reasons for the Council’s ruling, including, but not limited to, the findings or facts, if any, required by the Code provisions or ordinance upon which the appeal is based.
(Sec. 11, Ord. 78-011)