905.06 APPEAL.

   The City Engineer's decision to deny a Permit may be appealed to the City Manager. All appeals on a denial of a Permit must be made in writing within ten (10) calendar days from the date of the action being appealed. If the City Engineer denies a Permit, the City Engineer shall notify the applicant in writing of the denial, suspension or revocation, including the grounds therefore, within three (3) business days of such decision. If a Notice of Appeal is timely received by the City Manager, the City Manager shall notify the respondent within three (3) business days of receipt of the request for appeal and of a hearing date to be within twenty-one (21) calendar days. The respondent may appear and be heard in person, and/or by his or her attorney, in opposition to the decision and do any of the following: present his or her positions, arguments and contentions, offer and examine witnesses and present evidence in support, cross-examine witnesses purporting to refute respondent's position, arguments and contentions, offer evidence to refute evidence and testimony offered in opposition to his/her position, arguments and contentions and proffer any such evidence into the record. The City Manager shall render a decision within five (5) business days after the hearing.

(Ord. 1715-08. Passed 7-10-08.)

 

APPENDIX A   DELIVERY RECEIPT MORAINE CODIFIED ORDINANCE 905.03 (C)      This is to verify that on the day of                              20         , the undersigned , hand delivered to                                                                    ,owner(s) of the property located at                                                                                                   the written notice required by Moraine Codified Ordinance 905.03(C). A copy of said notice is attached hereto.   Signed by:   On behalf of Applicant (Name of Applicant):   Signed by Owner(s):   Signed by Owner(s):   APPENDIX B AFFIDAVIT MORAINE CODIFIED ORDINANCE 905.03(C)   STATE OF   COUNTY OF   The undersigned, being first duly sworn and cautioned, hereby deposes and states as follows:   1. On the                        day of                                , 20      , I personally hand delivered to the owner(s) of the property located at                                               the written notice required by Moraine Codified Ordinance 905.03(C). A true and accurate copy of that notice is attached hereto. 2. Also attached hereto is a true and accurate copy of the Receipt required by MCO 905.03(C): [Check the one which applies]                          signed by the above identified owner(s) OR                        which the owner(s) was/were requested to sign, but refused to sign.   Further affiant sayeth not. Sworn to and subscribed to before me, a Notary Public in and for the State of         by the aforesaid                             this                 day of                                                  , 20             .                   Notary Public                  My Commission Expires:    ___________________