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The following rules shall govern the procedures for an administrative hearing.
(a) Hearings and administrative appeals shall be governed by the rules of civil procedure and the rules of evidence as set forth in the South Dakota Codified Laws (SDCL). However, the foundational requirements of SDCL 19-16-10 and SDCL 19-16-12 will not be required as long as the hearing examiner is reasonably satisfied regarding the source of the document(s).
(b) Oral evidence shall be taken only on oath or affirmation.
(c) The hearing examiner shall administer oaths or affirmations to witnesses.
(d) The city bears the burden of proof at the hearing. The standard of proof to be used by the hearing examiner is by a preponderance of the evidence.
(e) The proponent of any testimony to be offered by a party or witness who does not proficiently speak the English language shall provide an interpreter. The interpreter shall be approved by the independent hearing examiner conducting the proceeding as proficient in the English language and the language in which the witness will testify. The cost of the interpreter is to be paid by the party providing the interpreter.
(1992 Code, § 2-62) (Ord. 70-96, passed 6-17-1996; Ord. 53-11, passed 7-11-2011)
The appellant, the major organizational unit or agency, and any other party to an appeal shall have these rights among others:
(a) To call and examine witnesses on any matter relevant to the issue of the hearing;
(b) To introduce documentary and physical evidence;
(c) To cross examine opposing witnesses on any matter relevant to the issues of the hearing;
(d) To rebut evidence;
(e) To subpoena witnesses to appear and give testimony on that party’s behalf or to produce records, books, papers and documents relating to any matters related to the hearing. Any application for a subpoena shall be submitted to the hearing examiner for consideration at least ten days in advance of the hearing. The hearing examiner shall not unreasonably refuse to issue the requested subpoena. Any subpoena must be issued and served no later than five days before the scheduled time of the hearing. All costs related to the subpoena, including the witness fee and mileage fee at the rate provided by statute, SDCL ch. 19-5, shall be paid by the party requesting the subpoena;
(f) Any party who fails to appear at the hearing is deemed to waive the right to a hearing and the adjudication of the issues related to the hearing, provided that proper notice of the hearing has been provided; and
(g) The hearing examiner shall cause to be made a record of the hearing, either stenographically or by sound recording, and shall make available a recording of the hearing to any person upon request and payment in advance of the estimated cost of the recording.
(1992 Code, § 2-63) (Ord. 70-96, passed 6-17-1996; Ord. 53-11, passed 7-11-2011)
After each appeal hearing, the hearing examiner shall perform the following:
(a) Make written findings of fact; and
(b) Based upon the written findings, sustain, remand for further hearing or action or rescind the complained action or decision. The hearing examiner has the discretion to waive the payment of any reinstatement or late penalty fee.
(1992 Code, § 2-64) (Ord. 70-96, passed 6-17-1996; Ord. 53-11, passed 7-11-2011)
A written report of the decision, including the findings of fact, shall be served either in person or by certified mail upon the appellant and the major organizational unit or agency within 15 working days from the date the appeal hearing is concluded. The city and the appellant shall bear their own respective costs of the appeal proceeding, except as specifically provided herein. If the hearing examiner determines that the appellant has prevailed at the hearing, then the appellant’s $50 processing fee shall be refunded. The decision of the hearing examiner shall be final.
(1992 Code, § 2-65) (Ord. 70-96, passed 6-17-1996; Ord. 53-11, passed 7-11-2011)
The final decision of the hearing examiner may be subject to judicial review as provided by law. If judicial review has been commenced by the aggrieved party within 30 days after the final decision has been entered by the hearing examiner, or as otherwise provided by law, the city will take no further action to enforce the fine, penalty or result until the civil action is completed with the exception of those matters which require immediate abatement as set forth in § 30.040.
(1992 Code, § 2-66) (Ord. 70-96, passed 6-17-1996; Ord. 43-07, passed 3-5-2007; Ord. 53-11, passed 7-11-2011)
NAMING FACILITIES
For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY PROPERTY. Includes park properties, library facilities, and other buildings, structures, facilities, streets, bridges, or other properties owned by the city. The naming of interior rooms of city-owned facilities, smaller areas within a park, and other fixtures on city-owned land or within city-owned facilities. Specifically exempted from this subchapter are gardens, walks, fields, or other landscaped areas of less than permanent duration, park benches, donor plaques, engraved pavers, vehicles (i.e., Zamboni), or library shelves or a library collection.
FIXTURE. Includes an item affixed to city land or facility or an improvement located on an identifiable city property such as a wall or a monument on a park, a plaza, or an interior room or rooms in a building.
NAMING. To be considered NAMING, it shall meet the following criteria:
(1) The physical space, fixture, property, or structure is distinct and identifiable;
(2) The proposed name or rename would appear before the city property’s commonly known name;
(3) The signage naming the city property would be either permanent or semi-permanent; and
(4) If a naming agreement is required under § 30.061(c), the naming agreement requires the city property to always be referenced by the name, and the naming agreement, including any extension(s), has a term that exceeds five years.
ORGANIZATION. A corporation, partnership, sole proprietorship, firm, enterprise, franchise, business, association, self-employed individual, holding company, joint stock company, receivership, trust, activity, or entity.
(Ord. 18-21, passed 2-9-2021)
(a) The purpose of this subchapter is to provide the procedure and criteria for the naming, renaming, or commemoration of city properties.
(b) All requests for proposals or individual applications for the naming or renaming of city property shall be reviewed by one of the following boards, depending on the nature of the item to be named or renamed:
(1) The parks board shall review and provide a recommendation on the proposed naming or renaming of park property.
(2) The library board shall review and provide a recommendation on the proposed naming or renaming of any library property.
(3) The street naming committee shall review and provide a recommendation on the proposed naming or renaming of any city street. If a street is proposed to be renamed, each owner of property abutting the relevant street shall be sent written advance notice of the public hearing before the city council on the application for the proposed renaming of that street.
(4) In all other instances, the city naming committee shall review and provide a recommendation on the application.
(c) All naming, renaming, or commemorations of city property shall require a naming agreement approved by the city council if the naming, renaming, or commemoration is the result of a significant contribution of lands, funds, foundation gift(s), goods, or services to the city. In addition to compliance with city ordinance, the naming agreement must include the following:
(1) A provision that stipulates the responsible party(s) for the costs associated with any changes to naming identification and signage caused by the named organization's merger, consolidation, acquisition, or other action that results in a name change; and
(2) A provision of material breach if the named person or organization or officers or officials of the named organization has or intends to commit actions that would adversely impact the city or the named facility.
(3) The agreement shall include an expiration or termination date in the naming agreement unless the city council finds compelling reasons and strong public sentiment for waiving this provision.
(d) For city property not governed by a naming agreement, the city reserves the right to rename or modify the naming of city property following the procedures outlined in this chapter.
(Ord. 22-13, passed 4-9-2013; Ord. 18-21, passed 2–9-2021)
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