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A. Review By City Manager: Where it is alleged that there is error in any decision or determination made by an administrative official pursuant to administrative authority granted pursuant to this title, an appeal of such determination shall first be made to the city manager by delivering a written document entitled "request for review of administrative decision" to the office of the city manager. Appeals to the city manager must be made within fifteen (15) days of the date of the administrative decision or determination.
The city manager shall conduct a recorded hearing within thirty (30) days after receipt of the "request for review of administrative decision" and shall consider the evidence submitted by the appealing party and the city of Mesquite. The city manager must base his/her decision on the preponderance of the evidence presented at the hearing and must render a decision within fifteen (15) days after the date of the hearing. The decision or determination shall affirm, reverse, or modify the administrative decision or determination.
B. Appeal To City Council: Any person aggrieved by the decision or determination of the city manager may appeal that decision or determination to the city council by delivering a written document entitled "notice of appeal" to the office of the city clerk within fifteen (15) days after receiving the decision of the city manager. The city council may consider the record of the prior appeal to the city manager and may take additional testimony. The city council must render a decision or determination on the preponderance of the evidence and shall render a decision within sixty (60) days after receiving the appeal. The decision or determination shall affirm, reverse, or modify the decision or determination of the city manager.
C. Stay Of Action: Filing of an appeal stays any action by the city related to the administrative decision or determination until the city manager and/or city council have rendered a decision. (Ord. 433, 1-26-2010, eff. 3-1-2010)