The Council shall hear and determine appeals from any order, requirement, decision, or determination made by the Town Clerk under this chapter or in relation to its enforcement.
(A) Appeals from decisions or orders of Town Clerk.
(1) An appeal from a decision or order of the Town Clerk must specify the grounds of the appeal, and must be filed with the Council within 30 days after the date of the decision or order being appealed.
(2) The Town Clerk shall, on the request of the Council, transmit to it all documents, plans, and papers constituting the record of the action from which an appeal is taken.
(3) Certified copies of the documents, plans, and papers constituting the record may be transmitted for purposes of division (A)(2) above.
(4) The Council may reverse, affirm, or modify the order, requirement, decision, or determination that is the subject of the appeal. For this purpose, the Council has all the powers of the Town Clerk from which the appeal is taken.
(B) Hearings.
(1) The Council must fix a reasonable time for the hearing of appeals.
(2) Notice by publication in accordance with I.C. 5-3-1, and written notice to interested parties by certified mail, shall be given at least 10 days before the date set for the hearing.
(3) Interested persons must include all landowners owning real estate located within 1,000 feet of the property involved in the appeal, and any other landowner who files a written statement with the Town Clerk of his or her claim of interest, at least 14 days before the hearing. The Council may in its discretion designate additional interested parties.
(4) The party taking the appeal, must assume the cost of publication and mailing of notice of the hearing.
(5) At the hearing the party appealing may appear in person, by agent, or by attorney.
(6) The Town Clerk may appear before the Council at the hearing and present evidence in support of or in opposition to the determination of any other matter.
(7) Other persons may appear and present relevant evidence.
(8) No person may communicate with any member of the Council before the hearing with intent to influence the member's action on an appeal before the Council. Not less than 5 days before the hearing, however, the Town Clerk or any interested party may file with the Council a written statement setting forth any facts or opinions relating to the matter.
(9) The Council may require any party adverse to any appeal to enter a written appearance specifying the party’s name and address.
(10) The Council shall hear and decide all appeals in an open public meeting, and each such decision shall be filed with the minutes of the Council’s meetings.
(Ord. 2018-5, passed 3-20-2018; Am. Ord. 2018-8, passed 4-17-2018)