1. Applicability. This section shall apply to all administrative hearings expressly provided for in this Code of Ordinances in Chapters 50-53 and Chapter 145. The City Administrator may authorize utilization of these procedures in place of the procedures outlined in Chapter 55 of this Code of Ordinances.
2. Hearing Authorized. Any person affected by any action, notice or order issued under this Code of Ordinances may request an administrative hearing, if such hearing is expressly authorized under that chapter.
3. Form of Request. A request for hearing shall use the Request for Administrative Hearing Form provided in the Appendix to this Code of Ordinances or shall contain all of the information required by the Request for Administrative Hearing Form. All requests for hearing must be in writing.
4. Filing Fee. No filing fee is required for requests for administrative hearing.
5. Location and Deadline for Filing. A request for administrative hearing must be received by the City Clerk within 10 calendar days from the date the notice was personally served, or from the date the notice was mailed by certified mail.
6. Untimely or Defective Filing. Failure to timely file a written request for administrative hearing shall constitute a waiver of the hearing, and the action, notice or order shall become a final determination and order.
7. Hearing Scheduled. Upon receipt of a timely filed written request for administrative hearing, the City Clerk shall promptly forward the request to a subcommittee of no less than two members of the City Council and one member of the Planning and Zoning Commission, appointed by the Mayor (herein “the Hearing Panel”). The Hearing Panel shall conduct the hearing and make the final determination on the matter. Upon determining that the written request complies with this section, the Hearing Panel shall contact the person making the request and schedule the administrative hearing.
8. Time of Hearing. To the extent practicable, the hearing shall be held within 20 days after the receipt of the written request. The hearing may also be scheduled upon agreement of the Hearing Panel and the person who filed the request.
9. Conduct of Hearing.
A. The administrative hearing shall be conducted by the Hearing Panel. The Hearing Panel may be assisted by the enforcement officer who initiated the action, notice or order.
B. The Hearing Panel may receive and consider information presented by the enforcement officer, the person requesting the hearing, and any other person with information relevant to the matter. The Hearing Panel may also receive and consider photographs, documents, video or audio recordings, and any other materials offered by interested parties. The proceedings shall be conducted in an informal manner. The Hearing Panel shall mechanically record the hearing if possible. The Hearing Panel, the enforcement officer, and the person requesting the hearing may ask questions or make statements that are relevant to the matter.
10. Decision. After hearing the matter, the Hearing Panel shall issue a written decision. A copy of the written decision shall be provided to the enforcement officer, and a copy shall be sent by certified mail to the person requesting the hearing. This decision shall become a final order unless appealed to the full Council in compliance with the provisions of paragraph 11(A) of this section.
11. Appeal to Council and Judicial Review.
A. Any party to the hearing may appeal the Hearing Panel’s decision to the City Council. The appeal must be filed within 10 calendar days of the date of the decision. The notice of appeal shall be in writing and shall use the Appeal to Council Form provided in the Appendix to this Code of Ordinances, or shall contain the information required by the form.
B. Upon receipt of a timely filed written Appeal, the Council shall review the decision of the Hearing Panel and the information received and the record made at the administrative hearing. The Council may (but is not required to) grant each party to the hearing the opportunity to appear and present arguments to the Council on the relief sought. No new information shall be received by the Council.
C. After review of the decision and record, and any arguments presented, the Council may affirm, modify or reverse the decision of the Hearing Panel, or may remand the matter back to the Hearing Panel for a rehearing to receive additional information. A rehearing shall be conducted in accordance with Subsection 9 of this section. The Council’s decision shall be in writing. A copy of the Council’s written decision shall be provided to the City Administrator, the enforcement officer, and a copy shall be mailed by certified mail to the other party.
D. Any party to the hearing, including the City, may appeal the Council’s decision by filing a petition for judicial review with the district court. Said petition must be filed within 20 days of the date of the decision. If no petition for judicial review is timely filed, the decision of the City Council becomes a final order.