(A) Immediately following the filing of the written decision of the Hearing Officer on any appeal or variance request under this section, the City Clerk shall file a report with the City Council concerning such action. Within 21 days after the Hearing Officer's decision, the City Council, upon majority vote, may exercise the power of administrative review of any Hearing Officer decision on an application for an appeal or variance.
(B) Upon adoption of the motion to exercise the power of review, the City Council may act on the matter directly or first refer the matter to committee. Before acting on the variance or appeal, the City Council may set the matter for hearing before the committee or the City Council. The City Council will give written notice of any such hearing to the applicant and all other persons who appeared and spoke at the public hearing before the Hearing Officer. In addition, the City Council may, in its discretion, notify and allow to be heard at the hearing any other person who the City Council believes may be aggrieved by any decision or action concerning the application.
(C) Following its review, the City Council may affirm, reverse, or modify, in whole or in part, any determination of the Hearing Officer. A favorable vote of two-thirds of all Aldermen shall be required to overturn or modify a decision by the Hearing Officer. The decision of the City Council shall be made within 45 days of its vote to review the decision of the Hearing Officer, unless extended for specified cause by a majority vote of the City Council, or the Hearing Officer decision shall become final. In making any decision, the City Council may adopt and rely on the record of the hearing officer or may hold a new hearing to establish a record for final decision.
(D) Unless the City Council exercises its power of review of administrative review, the decision of the Hearing Officer shall become effective after 21 days following its decision.
(Ord. 2021-08, passed 6-7-2021)