(A) When the City Manager receives a written request for a public hearing concerning a Class I SOBP application, the City Manager shall confirm that it is: from an interested party; that the request specifically identified the SOBP application at issue; that the request is timely filed; and that the request specifically identifies health and safety concerns affected by the enterprise. The City Manager shall then initiate the public hearing procedure as follows.
(1) A hearing official, appointed by the City Council, shall be contacted by the City Manager and a date set for the public hearing.
(2) The hearing shall be scheduled at a public building within the city.
(3) The hearing shall be scheduled either on a weekday at 7:00 p.m., or on a Saturday morning at 9:30 a.m.
(4) The City Manager shall send the applicant a written notice of hearing at least ten days in advance, stating the date, time, and place of the hearing and shall make a copy of the notice of hearing available to the public.
(5) Publicizing the hearing shall be the responsibility of the interested party who requested the hearing. The City Manager shall make available to the public a copy of any request for hearing and the notice of hearing.
(6) The City Manager shall place a sign at the location identified in the application containing the time and place of the hearing.
(7) The hearing may be rescheduled by the hearing official for good cause, including, for example, a large number of requests for a hearing that indicate strong public interest in the matter. The hearing may be rescheduled a second time if rescheduling was due to emergency circumstances such as extreme weather conditions. If rescheduled, the new notice of hearing shall be available to the public at the City Manager's office.
(8) The applicant may request that a court reporter make a record of the hearing. The applicant must make this request at least two days prior to the hearing and bear the cost of making an official record and one transcript for the city. The hearing official shall arrange for the court reporter to take the record of the hearing, including exhibits and testimony. One copy of the transcript shall be provided to the hearing official to become the property of the city.
(B) If a request for a public hearing is received by the City Manager after the SOBP has been issued or renewed, the hearing shall be scheduled when the next renewal application is filed. The City Manager shall confirm that the request identifies health and safety concerns affected by the enterprise that are not addressed in the current SOBP and that the request is filed by an interested party. The request shall then be attached to the SOBP records. When a renewal application is submitted, the City Manager shall initiate the hearing as set out in division (A) above.
(C) If the request for public hearing is deficient, the City Manager shall return it to the person who submitted the request with a notation stating the deficiency. A request that does not comply with the requirements as stated in divisions (A) or (B) above shall not extend the period of time in which a request for hearing may be filed.
(D) The hearing shall be conducted by the hearing official under the following guidelines. The hearing official shall liberally construe these guidelines to allow the public input to protect the health and safety of a community affected by the location of an enterprise and to allow the applicant to address these concerns:
(1) Interested parties may employ legal counsel;
(2) The hearing official shall, upon prior request, provide for appropriate facilities for any disabled person to be able to participate in the hearing. This shall include, but not be limited to, interpreters for deaf or hearing impaired participants, wheel chair access, and special seating arrangements;
(3) Participants in the proceeding may supply interpreters for language translation and the hearing official shall accommodate the translation of the proceeding;
(4) The hearing official may exclude evidence that is irrelevant, immaterial, or unduly repetitious. Relevance and materiality shall be evaluated by the relation of the evidence to health and safety concerns directly related to the SOBP at issue, and conditions which may be attached to the SOBP to address those concerns. The hearing is not limited to the health and safety concerns specifically identified in the hearing request; and
(5) If no request is made by the applicant for an official record, any person may record, videotape, or transcribe the hearing, provided there is no interference with the proceedings. The hearing official shall have the power to limit any interference with the proceeding.
(E) The hearing official may continue the hearing to a date no later than ten days after the initial hearing if:
(1) The hearing has lasted at least two and one-half hours and it appears to the hearing official that a significant amount of time is still required to fully present the public concerns and potential solutions to those concerns;
(2) Issues have been raised at the hearing requiring additional research in order to develop appropriate conditions to be attached to the SOBP or that the parties need additional time to develop a solution to issues identified at the hearing; and/or
(3) A continuance shall not be for the purpose of delay or for developing new evidence.
(F) After the conclusion of the public hearing, the hearing official shall produce a written statement containing the official's findings of public health and safety concerns and recommendations for conditions to be attached to the SOBP. The recommendations shall be forwarded to the City Manager, the applicant, and the interested party who requested the hearing. When the hearing official determines that public health and safety concerns exist, the City Manager shall attach conditions as part of the SOBP. If no official record of the hearing has been requested, the hearing official's statement shall be the official record of the public hearing. The hearing official may consult with the City Manager for the purpose of developing appropriate conditions to address the health and safety concerns shown at the hearing.
(G) If evidence is produced at the hearing that would support denial of the SOBP, the hearing official shall provide that information to the City Manager, who shall investigate whether the evidence warrants denial or revocation of the SOBP under these regulations.
(Ord. 02-0521, passed 5-21-2002)