Ordinance 1121-85 - Laserfiche WebLink

• 1 be incorporated or included by reference in any resolution or ordinance, as the case may be. Each material finding shall be supported by substantial 2 evidence in the record. The burden of proof with regard to modification or reversal of the Examiner's decision shall rest with the appellant. 3 4 be and the same is hereby amended to read as follows: 5 Section 20: APPEAL OF EXAMINER'S DECISION. 6 Any party aggrieved by the Examiner's final decision on any action listed 7 in Section 12.A.1, who has actively participated in the hearing before the Examiner or who has had the decision reconsidered by the Examiner 8 pursuant to Section 19 of this ordinance, may submit an appeal in writing to the City Council, by filing the same with the City Clerk, within ten 9 (10) working days from the date of the Examiner's written decision on reconsideration, requesting a review of the Examiner's decision. There 10 will be no fee charged for such appeals. 11 The written appeal shall provide substantially the following information: a brief statement as to how the appellant is aggrieved by the decision; a 12 brief statement delineating the finding(s) or conclusion(s) appealed; a brief statement containing explicit exceptions and objections with regard 13 to the appealed matter; a statement of whether the appellant is alleging an error in law or error in fact; a statement of the requested relief; and 14 the 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 his/her written 16 decisions, findings, conclusions, notice of appeal and a copy of the tape recording of the hearing. If, after the examination of such record at a 17 public meeting, the Council determines that an erroneous procedure, error in fact or law may exist in the record, it shall remand the proceeding to 18 the Examiner for reconsideration or, after conducting a public hearing, it may modify, remand or reverse the decision of the Examiner accordingly. 19 If, after the examination of such record at a public meeting, the Council determines that a substantial error in fact or law does not exist in the 20 record, it shall deny the appeal. If the appellant desires to have the tape recording transcribed for appeal, the cost of transcription shall be borne 21 by the person requesting said transcription. 22 Notice of the filing of an appeal shall be made to all parties of record to the hearing, and said notice shall give the time and date when the Council 23 will consider such appeal. The Council's decision shall be in writing and shall contain modified or amended findings and conclusions whenever such 24 findings or conclusions are different from those of the appealed decision, which may be incorporated or included by reference in any resolution or 25 ordinance, as the case may be. Each material finding shall be supported by evidence in the record. The burden of proof with regard to modifica- 26 tion or reversal of the Examiner's decision shall rest with the appellant. 27 Section 3: That Ordinance No. 692-80 is hereby amended by the addition of 28 the following section: 29 30 RECOMMENDATION TO COUNCIL. 31 When the City Council entertains a recommendation from the Examiner, the City Council shall accept the findings or conclusions of the Examiner, 32 -6-