(A) Any person making application for any required license by the city of Burley where the license has been denied upon administrative review by the city clerk shall be entitled to an appeal hearing according to the procedures, as provided for in this chapter.
(B) All appeals must be filed in writing with the city clerk within ten (10) days from the date of denial.
(C) The city council shall hear all appeals.
(D) The following persons shall be entitled to notice by the clerk under the provisions of this section:
1. The applicant for a license or permit or renewal of a license or permit;
2. The person or entity named on an issued license or permit if the matter concerns the revocation, denial, or suspension of a license or permit;
3. Any other persons or entities entitled to notice, pursuant to ordinance or statute, and the Burley city attorney.
(E) Upon receipt of a notice of appeal, the city clerk shall fix a date, time and place certain for the beginning and closing of the hearing. Said hearing shall be scheduled on the next regularly scheduled city council meeting unless additional time is needed by the applicant or the city attorney and in no event shall the hearing be scheduled beyond two (2) regularly scheduled city council meetings.
(F) The city clerk shall issue written notice to the aforementioned that are entitled to such notice. The notice shall include the following features:
1. A statement of the date, time and place certain for conducting the hearing and nature of the hearing;
2. A statement of the legal authority that serves as the basis for the hearing;
3. A reference to the particular sections of the ordinance involved;
4. A statement of the matters to be resolved.
(G) The city council shall afford all persons entitled to notice opportunity to present evidence and argument on the matters to be resolved. The council shall advise these persons of the amount of time they will be allotted for providing evidence and arguments.
(H) Informal disposition may be made of any matter by stipulation, agreed settlement, consent order or default, unless that action is precluded by law.
(I) The city council shall make a record of the proceeding, which shall include:
1. The application, staff report and decision that is being appealed;
2. All papers filed with the city clerk;
3. The evidence received or considered;
4. A statement of matters officially noticed;
5. A verbatim record of all proceedings before the city council;
6. Proposed facts of findings and conclusions of law;
7. Any decision, opinion or report created by the city clerk and relied upon in the council proceedings.
(J) Any person entitled to notice may request in writing five (5) days prior to the city council hearing that the oral proceedings be transcribed, at the requestor's expense.
(K) Findings of fact and conclusions of law shall be based exclusively on the evidence admitted and on matters officially noticed.
(L) The city council may exclude evidence determined to be immaterial or unduly repetitious. In addition, all evidence shall be considered according to the Idaho rules of evidence. If the applicant intends to submit evidence in written form, the applicant should be prepared to have the author of the written submission available to comment on the same before city council.
(M) The city council shall make findings of fact and conclusions of law as appropriate and provide them in a written report. The city council shall file the report with the city clerk's office, along with the recording of the proceedings, transcripts, if any, minutes, evidence and original exhibits offered or received at the hearing. The city clerk shall transmit a copy of the report to all persons entitled to the notice. The city clerk shall be responsible for the custody of these materials for a period of six (6) months.
(N) Within fifteen (15) working days of the filing of the report with the city clerk, any person entitled to notice may file with the city clerk, written objections to the findings and transmit copies of their objection to all persons entitled to notice.
(O) In the event no objections are timely filed, the city council shall adopt the report of the city clerk at the next regularly scheduled meeting of the city council. In the event an objection is filed, the city council shall, at a specified time and place, hear oral argument of all persons entitled to notice in support of or in opposition to the objections; but, unless specifically ordered by the city council, no new evidence shall be presented at such hearing. The city council shall decide the matter on the record. The city council shall adopt the findings, conclusions and recommendations of the city clerk unless those findings are based on unsubstantiated evidence, the conclusions are erroneous as a matter of law, and/or the recommendations are not supported by the findings and conclusions.
(P) The decision of the council shall be final and conclusive, unless timely appealed by a person with standing to the district court. An appeal of a city council's decision shall be made within ten (10) working days of the decision to the district court for Cassia or Minidoka County. Decisions before the court shall be on the record. (Ord. 1316, 8-18-2015)