(A) Authorization. The following decisions of the Municipal Manager pursuant to this chapter are appealable to the Municipal Council by any aggrieved provider:
(1) Denial of an exemption to the requirement of a Certificate of Registration under § 154.202;
(2) Denial of an exemption under § 154.206;
(3) Denial of an application for a Certificate of Registration under § 154.304; and,
(4) Denial of a permit under § 154.503.
(B) Filing fee. The filing fee for any appeal under this chapter shall be $50.
(C) Time for appeals. Appeals to the Municipal Council shall be filed within 30 days from the decision of the Municipal Manager by filing a written notice of appeal with the Clerk of the Municipal Council. The notice of appeal shall specify the grounds for such appeal, and shall be on the form prescribed by the Clerk of the Municipal Council. Upon receipt of an appropriately completed notice of appeal and filing fee, the Clerk of the Municipal Council shall transmit to the members of the Municipal Council all papers constituting the record upon which the decisions being appealed were based.
(D) Hearing appeal. The Municipal Council shall schedule the hearing for the appeal within a reasonable period of time at a regularly scheduled Municipal Council meeting. Written notice of the hearing shall be sent to the aggrieved provider at least ten days prior to the hearing. The failure of delivery of such notice, however, shall not invalidate any subsequent proceedings. The aggrieved provider or its representative may appear and be heard at the hearing and present any evidence the provider desires in support of its position.
(E) Decision on appeals. The Municipal Council may affirm, reverse, or modify, in whole or in part, the decision appealed from, and to that end, the Municipal Council shall have all the powers of the Municipal Manager with respect to such decision. The concurring vote of a majority of the members of the Municipal Council shall be necessary to reverse or modify any decision of the Municipal Manager under this chapter. The Municipal Council shall render a written decision on the appeal without unreasonable delay after the close of the hearing, and in all cases within 30 days after the close of the hearing.
(F) Records of appeals. The Clerk of the Municipal Council shall maintain complete records of all actions of the Municipal Council with respect to appeals.
(Ord. 2000-06, passed 7-6-00)