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(A) The following persons are entitled to administrative review: Any applicant denied a permit or any permittee whose permit is made subject to conditions which are unacceptable to the applicant; any permittee that has received notice that its permit has been suspended, revoked, or modified; and any person assessed a civil penalty pursuant to § 57.04(C). Any person entitled to administrative review pursuant to this subsection shall serve a demand for administrative review to the Water Resources Director within thirty (30) days of the date of service of the notice of the action complained of, or the administrative review shall be deemed waived. The following information must be included in the demand, or the administrative review shall be deemed waived.
(1) For the administrative review to consider the denial of a permit, the applicant must identify separately each reason for denying the permit that the applicant contends to be improper and every basis for such contention.
(2) For the administrative review to consider a permit granted subject to unacceptable conditions, the applicant must identify separately each unacceptable condition and every basis for such contention.
(3) For the administrative review to consider the modification or revocation of a permit, the permittee must state separately each reason for modifying or revoking the permit that the permittee contends to be improper and every basis for such contention.
(4) For the administrative review to consider a civil penalty assessment, the person to whom such penalty was assessed must state separately each reason why such penalty should not be assessed, or if the person contends that the civil penalty was assessed in an improper amount, each reason why the amount of the penalty is improper.
The person seeking review shall be deemed to have waived the right to raise any reason, basis, or allegedly improper condition that is required to be stated in the demand for review unless it is specified in the demand.
(B) The administrative review shall include a hearing conducted by the City Manager or some other unbiased person designated by the City Manager ("the hearing officer"). The person seeking review may appear personally and through representatives and may arrange for person with pertinent knowledge to provide information to the hearing officer. The hearing shall be held and a decision issued by the hearing officer within ninety (90) days of the receipt of the written demand for administrative review. If the hearing is to consider the suspension, modification, or revocation of a permit, the hearing officer shall attempt to hold the hearing and issue a decision within thirty (30) days of the receipt of the written demand for a hearing. The hearing officer may affirm, reverse, or modify the action appealed from and shall serve notice of the decision on the person who sought the administrative review and if said person is dissatisfied with the decision and desires to preserve the right to judicial review, then such person mustserve the hearing officer within ten (10) days of the date of the decision with a "notice of dissatisfaction and request for findings". Within fifteen (15) days of the service of said notice of dissatisfaction, the hearing officer shall prepare and shall serve on said person, findings with respect to the decision. The hearing officer's decision, including findings, if any, shall constitute the final decision of the City for purposes of administrative review.
(C) The hearing officer may, and, if requested by the person seeking review, shall provide for any part of the hearing to be recorded. The hearing officer may select audio, video, or writing as the means of recording. A transcript of any hearing, or part thereof, which is recorded, need not be prepared unless requested. If the person seeking review requests that a transcript be prepared, the City Manager shall arrange for the preparation, and the person seeking review shall bear the preparation cost. If a transcript is prepared, a licensed court reporter shall prepare the transcript, unless all parties and the City Manager agree otherwise. The City Manager shall require the person seeking review to post an advance deposit sufficient to defray said cost. If the person seeks judicial review pursuant to subsection (D), said person shall provide the original transcript to the City Manager at no cost to the City.
(D) Any person who had a right to administrative review pursuant to subsection (A) may petition for judicial review, if and only if, such person exhausted administrative review, including giving a "notice of dissatisfaction and request for findings."
For purposes of the right to petition for judicial review, making a remission request pursuant to § 57.04(C) shall not be considered part of administrative review. If the person made a request for remission of a civil penalty there shall be no judicial review of the civil penalty. Judicial review shall be obtained by filing a written petition within thirty (30) days after the service of the hearing officer's findings regarding the action complained of, but not thereafter, with the Superior Court of Union County. The petition shall specifically, and with particularity, state the grounds for claiming that the decision of the hearing officer is contrary to law. If not previously requested, said person shall request in writing, at or before the date of filing the petition with the Superior Court that a transcript be prepared for every part of the administrative hearing that was recorded. A copy of the petition shall be served on the City in the manner required by law. Within thirty (30) days after service of a copy of the petition upon the City, or such other time as may be ordered by the court, the City shall prepare and transmit to the court either the original or a certified copy of the official record of the hearing as hereinafter set forth. Unless the City Manager and the persons seeking judicial review agree otherwise, the official record of the administrative hearing shall include:
(1) The documents presented by the petitioner at the administrative hearing;
(2) The documents considered by the hearing officer in reaching the decision complained of;
(3) The decision and findings of the hearing officer; and
(4) The transcript of each part of the hearing that was recorded, if available at the time the remaining portion of the official record is transmitted to the court. If the transcript is not available at that time, it shall be transmitted to the court as soon as reasonably possible after the transcript has been prepared.
Except to the extent otherwise required by law, the judicial review shall be limited to contentions properly raised in the administrative review. The City Manager shall have the authority to settle and compromise, on behalf of the City, any of said proceedings filed in the Superior Court.
(Ord. O-2004-34, passed 10-5-04)