A. An applicant or individual is entitled to proper notice and a fair hearing prior to the final decision in his case.
B. The City Clerk, upon instruction from the City Council or Planning Commission, shall issue and publish before the hearing a notice which specifies the time and place of the hearing, a reasonably definite statement of the result sought, a short statement of the facts of the matter, and a statement that the applicant or individual has the right to be present and to be represented by Counsel. (Note: Particular ordinances or laws may dictate exact notice and publication requirements.)
C. The hearing may be held before the City Council or the primary evidentiary hearing may be referred to the Planning Commission.
D. The applicant or individual shall have the right to cross-examine witnesses who testify against him, and, the applicant or individual shall have the right to produce witnesses and evidence in his behalf.
E. If the Planning Commission conducts the evidentiary hearing, it shall make a full written report of its proceedings to the City Council and shall forward the case file with the report. The report shall include minutes of Planning Commission meetings and hearings where the case was discussed or heard. The minutes must show all of the findings of fact, all the conclusions to be drawn from the facts, and the recommendation to the City Council.
F. The City Council shall give full consideration and a fair determination of the matter according to the record of proceedings before the Planning Commission and according to any other evidence submitted directly to the City Council.
G. A recording or verbatim transcript of the hearing or hearings shall be made and kept as a part of the case file. If the City Council conducts all of the hearings and proceedings in a case, the same quality of case record as shown in paragraph E above must be produced and preserved.
[§ 10-203 amended by Ord. No. 02-07, effective March 1, 2007.]
[Former Chapter 10, “Signs”, has been amended and renumbered as Chapter 7B by Ord. No. 89-1, effective July 21, 1989. New Chapter 10, “Quasi-Judicial Procedures”, added by Ord. No. 89-1, effective July 21, 1989.]
History of ordinances affecting the text of Chapter 10 (since adoption of Ord. No. 89-1):
Amended by Ord. No. 02-07, effective March 1, 2007.