(A) The Hearing Officer’s decision shall be applicable to the City Council only for the following matters:
(1) An alleged failure to obtain a required permit (such as, without limitation, a conditional use permit), license (such as, without limitation, a liquor license), or other approval from the City Council as required by the city code;
(2) An alleged violation of a permit (such as, without limitation, a conditional use permit), license (such as, without limitation, a liquor license), other approval, or the conditions attached to the permit, license, or approval, that was issued by the City Council; or
(3) An alleged violation of regulations governing a person or entity who has received a license issued by the City Council.
(B) An appeal to the City Council of the Hearing Officer’s decision must be made in writing on a form provided by the city for such an appeal and must be served on the City Clerk by United States first class mail, postage prepaid, within ten days after the date of the Hearing Officer’s decision.
(C) A timely appeal will be heard by the City Council after a notice of hearing is served by the city upon the appellant in person or by certified mail at least ten days in advance of the date of the hearing. The parties to the hearing will have an opportunity to present oral or written arguments regarding the Hearing Officer’s decision.
(D) The City Council shall consider the record, the Hearing Officer’s decision, and any additional arguments before making a determination. The City Council is not bound by the Hearing Officer’s decision, but may adopt all or part of the Hearing Officer’s decision. The City Council’s decision may be vowed upon and given at the hearing or may be given in writing within 15 days of the hearing.
(Ord. 0317, passed 12-23-03)