After an appeal petition is filed in accordance with this article, the City Clerk shall place the matter on the Council agenda for Council action. Based on the appeal petition and the written material presented, the Council shall determine whether to refer the matter back to the commission, board, or official rendering the decision pursuant to subsection A of this section or whether to grant a hearing on the appeal pursuant to subsection B of this section. The Council shall not permit oral testimony in its determination under this section.
A. If the Council finds the facts in the appeal petition contain new and material evidence not previously presented to the board, commission, or official, the Council may order that the board, commission, or official rehear the matter. Written notice of the rehearing shall be mailed to the appellant and to such other persons who have appeared and addressed the board, commission, or official at the prior hearing in connection with such matter, and mailing shall be at least twenty (20) days before such rehearing, and such other notice as required by law for the previous hearing shall also be given.
B. Except as provided for in subsection A of this section, the Council shall set the matter for a hearing. At least twenty (20) days prior to the hearing, written notice shall be mailed to the appellant and to other persons who appeared and addressed the board, commission, or official at the prior hearing on the matter, and such other notice as required by law for the previous hearing shall also be given. (Ord. 18-O-2752, eff. 5-11-2018)