Sec. 26-274. - Appeal of hearing board decision.

(a)

Appeals from decisions of the Planning Commission sitting as the revocation hearing board may be submitted to the City clerk by any interested party within ten (10) days of approval of the written decision of the hearing board. If the tenth day falls on a day when City Hall is not open the appeal may be made on the next business day. Decisions of the City Council sitting as the revocation hearing board are not appealable.

(b)

The appeal must be in writing, must include specific reasons for the appeal, and must be accompanied by the fee set by City Council resolution for such appeal. Such an appeal suspends and sets aside the decision of the lower authority.

(c)

Within five (5) working days of the receipt of the appeal the City clerk shall estimate the cost of preparation of the administrative record and send written notice to the appealing party that they must deposit one-half (½) of the estimated cost of preparation of the administrative record with the City clerk within ten (10) calendar days of the mailing date of the notice. Failure of the appealing party to timely deposit such onehalf (½) of the estimated cost shall be a waiver and termination of the appeal.

(d)

The cost of preparation of the administrative record shall include costs of preparation and duplication of all documentary and tangible evidence and the transcription of the oral portion of the hearing. The

transcription of the oral portion of the hearing shall be performed by an independent professional transcription service chosen by the City clerk.

(e)

Upon the completion of the preparation of the administrative record, including the transcription of the oral proceedings, the City clerk shall determine the actual costs of preparing the administrative record. Upon such determination of costs the City clerk shall send written notification of the actual costs of the preparation of the administrative record to the appealing party. The notice shall advise the appealing party that it must pay one- half (½) of the actual costs of preparation of the administrative record within ten (10) calendar days of sending of the notification, and that if such payment is not timely received by the City clerk, the appeal will be deemed waived and terminated. If the deposit of the estimated cost of preparation of the administrative record meets or exceeds the actual cost, payment will be deemed to have been timely made, and any overage will be refunded to the appealing party.

(f)

Upon receipt of the required payment from the appealing party the City clerk shall send written notice of the time and place of the review of the appeal by the City Council to the appealing party and the City's representative. The appeal shall be heard by the City Council within forty (40) calendar days of the payment of the required fees, or such additional minimal time as needed to meet the schedule of available City Council meetings. The notice shall contain:

(1)

The time and location of the City Council meeting at which the appeal will be reviewed.

(2)

The name of the appealing party and the name of the permittee.

(3)

The address of the property, if any is involved in the appeal.

(4)

A statement that the appealing party may present written or oral argument to the City Council based on the administrative record. Written arguments must be filed with the City clerk and received by the other parties to the appeal at least fifteen (15) calendar days prior to the date of the City Council meeting. Written rebuttal arguments by any party to the appeal must be filed with the City clerk and delivered to all other parties to the appeal at least seven (7) calendar days prior to the date of the City Council meeting. Oral argument and rebuttal argument may be presented at the City Council meeting.

(g)

The City Council shall determine the appeal based on their review of the administrative record. The review shall occur at a regularly noticed City Council meeting and shall not require a noticed public hearing. The appealing party shall be given the opportunity to present written or oral arguments to the City Council. The

City's representative shall be given the opportunity to present written or oral rebuttal argument to the City Council.

(h)

If the appealing party is not the permittee or there is more than one (1) appealing party, the following rules shall apply:

(1)

The appealing party, the permittee and the City shall be referred to as "parties to the appeal."

(2)

Each party to the appeal shall pay their proportionate share of the cost of preparation of the administrative record. If the appealing party does not timely pay their proportionate share of such costs, the appeal shall be waived and terminated. If any other party to the appeal does not timely pay their share of such costs, the non-paying party shall not be entitled to participate in the appeal process, but shall remain liable to the City for their share of the costs of preparation of the administrative record.

(3)

All notices shall be sent to all parties to the appeal.

(4)

Arguments may be presented by the appealing party, and rebuttal arguments may be presented by any other parties to the appeal. All written arguments and rebuttal arguments shall be delivered to all other parties to the appeal.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)