(A) Any permit applicant or permittee, or person subject to this chapter’s requirements, aggrieved by any action of the town taken without a formal hearing, or by inaction of the town, may demand in writing a formal hearing by the Town Council. A petition requesting a hearing based on town action must be filed with the Administrator within 30 days after notice of such action is given by the Administrator. A petition based on town inaction must be filed within 30 days after the town’s deadline for action, if there is one, or if there is no deadline then within 30 days of the date the petitioner had actual or constructive notice that the town should have acted.
(B) The hearings held under this section shall be conducted by the Town Council at a regular or special meeting of the Town Council, or by at least one member of the Town Council designated by the Town Council to conduct such hearings on behalf of the Town Council at any other time and place authorized by the Town Council. The town shall give at least 15 days’ notice of the date, time, and location of the hearing to the party filing the appeal and to the property owner or record. In reviewing the Administrator’s actions, the Town Council or its designee(s) shall consider evidence and opinions presented by the aggrieved applicant and the Administrator. After considering the evidence and opinions, the Town Council or its designee(s) may affirm, reverse, or modify the action. Such decision shall be final, subject only to appeal under § 153.13.
(C) A verbatim record of the proceedings of such hearings shall be taken and filed with the Town Council. Depositions may be taken and read as in actions at law.
(D) The Town Council or its designated member(s), as the case may be, shall have power to issue subpoenas and subpoenas duces tecum, and at the request of any party shall issue such subpoenas. The failure of a witness without legal excuse to appear or to testify or to produce documents shall be acted upon by the Town Council, or its designated member(s), whose action may include the procurement of an order of enforcement from the Circuit Court. Witnesses who are subpoenaed shall receive the same fees and reimbursement for mileage as in civil actions.
(1998 Code, § 18-62)