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Upon the timely receipt of a notice of appeal and the applicable filing fee, the city clerk shall set the matter for a public hearing not less than 30 thirty nor more than 45 days following the date the city clerk received the notice of appeal. The city clerk shall cause written notice of the date, time and place of such hearing to be served on the person who commenced the appeal, on the applicant for the lease, license, permit or other entitlement which is the subject of the appeal or the recipient of the order which is the subject of the appeal if other than the person who commenced the appeal, and on any other person who has filed a written request with the city clerk for notice of any hearing on the appeal, all at least 10 days prior to the date of such hearing.
(Ord. 2004 §4 (part), Ord. 2373 §5)
A. Upon the setting of a date for a hearing on an appeal, the secretary of the board or commission who made or issued the decision, or the officer or employee who made or issued the decision, determination of order which is the subject of the appeal shall promptly cause a record of the proceedings regarding the decision, determination or order to be prepared and transmit it to the city clerk. The city clerk shall cause the record of proceedings to be placed before the city council on or before the date set for the public hearing on the appeal. If the appeal is from a decision or determination of a city board or commission, the record of proceedings shall consist of a staff report summarizing the proceedings before the board or commission and all written documents or other evidence presented to the board or commission at the time it made its decision or determination. Similarly, if the appeal is from a decision, determination or order made or issued by a city officer or employee, the record of proceedings shall consist of a report of such officer or employee summarizing the decision and the basis for same, as well as all written documents and other evidence considered by the city officer or employee making or issuing the decision, determination or order.
B. The person having commenced an appeal, any other person interested in the outcome of the appeal, or the city manager, may cause a verbatim transcript to be made of any stenographic notes, audio recordings or television recordings of proceedings before the city board, commission, officer or employee having made or issued the decision, determination or order which is the subject of the appeal, all at the sole cost and expense of the person or entity requesting such transcript. Where such verbatim transcript is prepared and transmitted to the city clerk on or before the date set for the public hearing on the appeal, the transcript shall be included and considered by the city council as part of the record of proceeding on the appeal.
(Ord. 2373 §6)
The procedures governing the conduct of the public hearing on an appeal from a decision, determination or order of a city board, commission, officer or employee shall be announced by the mayor at the time of convening the public hearing on the appeal.
If the appeal is from a decision, determination or order made or issued by a city board, commission, officer or employee after conducting a hearing thereon which was required by law, then the hearing on the appeal from such decision, determination or order shall be conducted in accordance with the same procedures, if any, which were prescribed by law for the initial hearing on the decision, determination or order.
On the other hand, if the appeal is from a decision, determination or order of a city board, commission, officer or employee not requiring a public hearing, or from a decision, determination or order made or issued after a public hearing which was not required by law to be conducted in any particular manner, then the mayor, or the city council by a majority vote of the council, shall establish a procedure for conducting the hearing which, at a minimum, provides the person commencing the appeal, and the applicant for the lease, license, permit or other entitlement which is the subject of the appeal or the recipient of the order which is the subject of the appeal if other than the person who commenced the appeal, a fair opportunity to be heard and present evidence bearing on the particular matter which is the subject of the appeal.
(Ord. 2004 §4 (part))
The testimony given at a hearing on an appeal from a decision, determination or order made or issued by a city board, commission, officer or employee as well as the written documents or other evidence sought to be introduced at such hearing shall not be limited by any legal rules of evidence save and except for the rule that such testimony and other evidence shall be relevant and material to a resolution of the particular matter which is the subject of the appeal.
(Ord. 2004 §4 (part))
The hearing on an appeal from a decision, determination or order made or issued by a city board, commission, officer or employee may be continued from time to time by a majority vote of the city council; provided, however, that such hearing shall not be continued to a date more than 60 days from the date the hearing was first commenced.
(Ord. 2004 §4 (part))
At the time of convening a hearing to consider an appeal from a decision, determination or order made or issued by a city board, commission, officer or employee, the city council shall reconsider the entire record of proceedings before the city board, commission, officer or employee having made or issued such decision, determination or order, as well as all testimony, documents or other new evidence that may be presented at the hearing, independently weigh all such evidence and render its decision on the appeal based on the evidence and the law applicable thereto, after making any finding required by law to support such decision.
(Ord. 2004 §4 (part))
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