(a) The Commission shall fix a reasonable time for the hearing of an appeal, give at least 30 days' public notice in a newspaper of general circulation in the municipality, and give at least 20 days' notice to property owners appearing on the County Auditor's current tax list whose property either abuts or is directly across a public right of way from the property which is the subject matter of the appeal. The Commission shall decide upon the appeal within a reasonable time after it is submitted. Both the notice to the newspaper and to the property owners shall set forth the time and place of the hearing and a summary of the appeal, and the name of the person or entity requesting the appeal. Each application or notice of appeal shall be accompanied by the required fee. At this hearing, any party may appear in person or by authorized agent. Any defect in notification as provided in this section shall not invalidate any decision by the Commission on an appeal request.
(b) (1) The hearings of the Commission shall be public. However, the Commission may go into executive session.
(2) The Secretary of the Commission shall mail a letter to the applicant advising such applicant of the date, time and place of the hearing and further, that the applicant or a representative must appear to have the appeal heard.
(c) Upon the day for hearing any application or appeal, the Commission may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be substantially interested in the application or appeal. In the case of an adjourned hearing, persons previously notified and person already heard need not be notified of the time or resumption of the hearing unless the Commission so decides.
(d) Anytime the Commission is required to mail notice to sub-paragraph 1139.04(a), such notice shall be sent in duplicate by ordinary mail and certified mail, return receipt requested; provided however that in the event certified mail delivery is unsuccessful for any reason, service shall nonetheless be deemed complete and in compliance with Section 1139.04 so long as notice was also sent by ordinary mail. (Ord. 2164. Passed 3-17-14.)