A. Authority: The Council is hereby empowered to hold hearings on appeals from the regulations of this Code.
B. Procedure: Upon receipt of a timely filed appeal, the City Clerk shall set a time and place for the Council to hear such appeal and shall notify the appellant thereof. The hearing shall be open to the public and shall be recorded either electronically or manually. All parties shall be afforded an opportunity to respond and present evidence and argument. If the appellant fails to appear at such hearing, the Council may proceed with the hearing and make a decision in the absence of the appellant. The Council's finding shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to relying for the conduct of their serious affairs, even if such evidence would be inadmissible in a court of law. The Council's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence. The Mayor shall conduct the hearing.
C. Decision of the Council: No hearing shall be valid unless a majority of the Council is present, and no appeal shall be granted unless reached by a majority of all members of the Council. The Council shall render a decision based upon the record, at the conclusion of the hearing, or within a reasonable time thereafter. The Council may affirm, modify, or reverse any action, interpretation, notice or order which has been issued in connection with the enforcement of this Code. Following the decision of the Council, all parties shall be notified of the decision personally or by general mail service delivered to the address provided by the party. Any party, including the City, may seek judicial review by filing a petition in the County District Court within twenty (20) days after the issuance of the decision of the Council. (Ord. 20-3, 713-2020)