Ordinance 1532-88 - Laserfiche WebLink

• 1 2 be and the same is hereby amended to read as follows: 3 APPEAL OF EXAMINER'S DECISION. 4 Any party of record aggrieved by the Examiner's final decision on 5 any action listed in Section 12.A.1 , who has actively participated in the hearing before the Examiner or who has had 6 the decision or recommendation reconsidered by the Examiner pursuant to Section 19 of this ordinance, may submit an appeal in 7 writing to the City Council , by filing the same with the City Clerk, within ten (10) working days from the date of the 8 Examiner's most recent ruling, requesting a review of the Examiner's decision. There will be no fee charged for such 9 appeals. If a ruling is pending at the time of an appeal , the processing of the appeal will be stayed until the decision is 10 issued by the Examiner. 11 The written appeal shall provide substantially the following information: a brief statement as to how the appellant is 12 aggrieved by the decision; a brief statement delineating the finding(s) or conclusion(s) appealed; a brief statement 13 containing explicit exceptions and objections with regard to the appealed matter; a statement of the requested relief; and the 14 signature, mailing address and telephone number of the appellant. 15 Thereupon the Examiner shall cause to be forwarded to the City Council all of the pertinent documents and exhibits, including 16 his/her written decisions, findings, conclusions, notice of appeal and a copy of the tape recording of the hearing. If, 17 after the examination of such record at a public meeting, the Council determines that an erroneous procedure, or substantial 18 error in fact or error in law may exist in the record, it shall remand the proceeding to the Examiner for reconsideration or, 19 after conducting a public hearing, it may modify, remand or everse the decision of the Examiner accordingly. If, after the 20 examination of such record at a public meeting, the Council determines that an erroneous procedure or a substantial error in 21 fact or error in law does not exist, it shall deny the appeal . If the appellant desires to have the tape recording transcribed 22 for appeal , the cost of transcription shall be borne by the person requesting said transcription. 23 Notice of the filing of an appeal shall be made to all parties of 24 record to the hearing, and said notice shall give the time and date when the Council will consider such appeal . The Council 's 25 decision shall be in writing and shall contain modified or amended findings and conclusions whenever such findings or 26 conclusions are different from those of the appealed decision, which may be incorporated or included by reference in any 27 resolution or ordinance, as the case may be. Each material finding shall be supported by evidence in the record. The 28 burden of proof with regard to modification or reversal of the Examiner's decision shall rest with the appellant. 29 30 Section 2: That Section 4 of Ordinance No. 1121-85 which reads as 31 follows: 32 2