(a) Authority of Council. Council shall have and exercise the power to hear and determine appeals where it is alleged there is error or abuse of discretion in any order, requirement, decision or determination made by the City Manager in the administration or enforcement of any of the provisions of this article.
(b) Filing Procedure; Contents. An appeal to Council shall be in writing and shall be filed in triplicate in the office of the City Recorder. An appeal from any order, requirement, decision or determination by the City Manager shall set forth specifically wherein it is claimed there was an error or abuse of discretion by his action or where the decision is not supported by the evidence in the matter.
(c) Transmittal of Information by Manager. Within fifteen days after the filing of the appeal pursuant to subsection (b) hereof, the City Manager shall transmit to Council all papers involved in the proceedings. In addition, he may make and transmit to Council such supplementary report as he may deem necessary to present clearly the facts and circumstances of the case.
(d) Notice of Hearing. Upon receipt of the record required by subsection (c) hereof, Council shall set the matter for hearing, which hearing shall be set within thirty days after expiration of the time period in subsection (c) hereof, and give notice by mail of the time, place and purpose thereof to the appellant, the City Manager and all persons having an interest in the land as shown on the operator's permit, and no other notice need be given.
(e) Hearing of Appeal; Continuance. Upon the date set for the hearing of an appeal of the administration or enforcement of this article, the City shall hear the appeal, unless for cause Council shall on that date continue the matter. However, Council shall be entitled to one continuance of right, without showing cause. No notice of continuance need be given if the order therefor is announced at the time for which the hearing was set.
(f) Action of Council. Upon the hearing of appeals pursuant to this section, Council may affirm, change or modify the ruling, decision or determination appealed from or in lieu thereof, may make such other or additional determination as it shall deem proper in the premises, subject to the same limitations as are placed upon the City Manager by this section and by other provisions of law. (Passed 11-20-81)