(A) Any party may apply for an administrative review to the Town Council for the final finding of the Hearing Officer. A written notice of the administrative review shall be filed with the Hearing Officer within seven days after the Hearing Officer’s finding.
(B) The notice of administrative review shall identify the finding(s) that are to be reviewed. It shall be signed by the requestor or the requestor’s counsel, and shall contain the names, addresses and telephone numbers of all parties and their attorneys. When a party requests an administrative review, the Hearing Officer shall send a copy of the notice of administrative review to the other party or his or her attorney.
(C) Administrative reviews shall be limited to the record of the proceeding before the Hearing Officer, and no new evidence may be introduced. The record of the proceedings shall include all materials in the Hearing Officer’s file, all evidence admitted at the hearing, and the official record as per § 7.3(C)(5) of this zoning code.
(D) Upon receiving the notice request for administrative review, the Hearing Officer shall, within 30 days, prepare and transmit the record and schedule the administrative review before the Town Council.
(E) The parties may stipulate that the administrative review may be heard on less than a complete record or upon stipulated facts. The designation of the stipulated record shall be in writing, filed with the Hearing Officer within 15 days after the notice of administrative review.
(F) Upon sending the record to the Town Council, the Hearing Officer shall notify both parties that they have five days from the date of the letter to submit a memorandum stating the party’s position to be submitted at the Town Counsel’s hearing. The memorandum shall be submitted to the Town Clerk and shall not exceed five pages in length.
(G) A notice of administrative review before the Town Council shall be posted at least 24 hours prior to the administrative review. The Hearing Officer shall mail a notice of the administrative review to both parties not less than five days prior to the meeting.
(H) The Mayor shall preside at the administrative review and shall decide on all questions pertaining to procedure. Final decisions on the merits of the case shall be made upon motion and majority vote of the quorum.
(I) At the Town Council’s administrative review, arguments on appeal shall be limited to five minutes for each party unless extended by the Mayor.
(J) After consideration of the merits of an administrative review, the Town Council may increase, decrease or modify any sanction imposed by the Hearing Officer and may:
(1) Affirm the action of the Hearing Officer;
(2) Affirm in part and reverse in part and, if necessary, remand for further proceedings; or
(3) Reverse the action of the Hearing Officer and, if necessary, remand for further proceedings.
(Ord. 2012-04, passed 12-5-2012)