§ 18-119. Appeals.

(a)

When an appeal is placed on the council agenda, the city council may take either of the following actions:

(1)

Set a hearing date and instruct the city clerk to mail written notice of hearing by certified mail, return receipt requested;

(2)

Appoint a hearing officer and fix the time and place for the hearing. The hearing officer may or may not be a city employee and may be appointed for an extended period of time. The city clerk shall assume responsibility for the mailing of notice of the hearing by certified mail, return receipt requested. If a hearing officer is appointed, the hearing shall be conducted in accordance with the procedures set out in this division.

(b)

Whenever the city clerk has scheduled an appeal before the city council, at the time and date set therefor, the council shall receive all relevant testimony and evidence from the permittee, from interested parties and from city staff. The city council may sustain, overrule or modify the action complained of. The action of the city council shall be final.

(c)

The hearing officer appointed pursuant to the procedure set out in this division may receive and rule on admissibility of evidence, hear testimony under oath and call witnesses as he may deem advisable with respect to the conduct of the hearing.

(d)

The city council and the hearing officer shall not be bound by the traditional rules of evidence in hearing conducted under this division. Rules of evidence as applied in an administrative hearing shall apply.

(e)

The hearing officer shall, within a reasonable time not to exceed 30 days from the date such hearing is terminated, submit a written report to the council. Such report shall contain a brief summary of the evidence considered and state findings, conclusions and recommendations. All such reports shall be filed with the city clerk and shall be considered public records. A copy of such report shall be forwarded by certified mail to the permittee/appellant the same day it is filed with the city clerk, with additional copies furnished to the city administrator.

(f)

The city clerk shall place the hearing officer's report on the agenda of the next regular city council meeting occurring not less than ten days after the report is filed and shall notify the permittee/appellant of the date of such meeting at least ten days prior to the meeting unless the permittee/appellant stipulates to a shorter notice period.

(g)

The city council may adopt or reject the hearing officer's decision in its entirety or may modify the proposed recommendation. It the council does not adopt the hearing officer's recommendation, it may:

(1)

Refer the matter to the same or another hearing officer for a completely new hearing or for the taking of additional evidence on specific points; in either of such cases, the hearing officer shall proceed as provided in this division;

(2)

Decide the case upon a review of the entire record before the hearing officer with or without taking additional evidence.

(Code 1985, § 9-216(24—29))