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A. Reconsideration: Every applicant or affected person seeking judicial review of the city council's final decision must, within fourteen (14) days, first file with the city council a written petition for reconsideration of the council's decision, specifying deficiencies in the written decision for which reconsideration is sought.
1. The city council may reconsider its decision only if it finds any of the following:
a. There was a clerical error in the decision;
b. The decision resulted from fraud or mistake;
c. There is new evidence for the record or a change in circumstances;
d. There was a procedural error;
e. The council previously rejected the application by a tie vote; or
f. The decision was made in violation of substantive law.
2. The city council shall review the petition for reconsideration at its next regular meeting and decide whether to reconsider the matter. If the city council grants reconsideration in whole or in part, a hearing before the city council will be scheduled to address the specific deficiencies identified by the applicant or affected person, which shall be conducted pursuant to the public notice procedures set forth in section 11-12-4 of this code. The issues examined upon reconsideration shall be limited to issues raised by the petition for reconsideration and the record previously established, as well as the applicable law. The cost of all required notices shall be borne by the party(ies) seeking reconsideration of the decision and paid in advance.
3. Following the hearing on the reconsideration, the city council may affirm, reverse, or modify, in whole or in part, its' prior decision and shall provide a written decision to the applicant and the affected person(s) within sixty (60) days of receipt of the request for reconsideration. If the city council fails to timely decide, the request for reconsideration is deemed denied.
B. Judicial Appeals: After a notice of decision is issued, or after a revised notice of decision is issued under a reconsideration proceeding, any aggrieved party with standing to appeal may appeal the decision to a court of competent jurisdiction. (Ord. 608, 3-24-2020)