A. Appeals. Appeals to the Hearing Officer concerning interpretation or administration of this Code may be taken by any person affected by any decision of the Director of Community Development. or the Development Review Committee Such appeals shall be filed within 30 days with the Hearing Officer through the Department of Community Development and shall specify the grounds thereof. The Director of Community
Development shall transmit to the Hearing Officer all papers constituting the record upon which the action appealed was taken. Any person dissatisfied with the decision of the Hearing Officer may appeal to the Board of Adjustment.
B. Hearings. The Hearing Officer shall fix a reasonable time for the hearing of an appeal, give public notice thereof as well as due notice to the parties in interest, and reach its decision within a reasonable time. At the hearing, any party may appear in person or by agent or attorney. Parties to an appeal shall have the right to present their case by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross- examination of witnesses as may be required for full, true disclosure of the facts; provided that:
1. The submission of documentary evidence shall not, by reason of its written form, prejudice the interest of any party;
2. The Hearing Officer shall, as a matter of policy, provide for exclusion of irrelevant, immaterial or unduly repetitious evidence and, in furtherance of this policy, may limit cross-examination.
C. Stay of Proceedings. Any appeal stays all proceedings in furtherance of the action appealed from, unless the Director of Community Development certified to the Hearing Officer after the notice of appeal is filed with him that, by reason of facts stated in this certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order, which may be granted by the Hearing Officer or by a court of record in application on notice to the Director of Community Development and on due cause shown.
(Ord. 1055, passed 1-8-98; Am. Ord. 2005-003, passed 1-13-05)