Ordinance 819-81 - Laserfiche WebLink

• • • • • 1 at the expiration of the ten (10) working day period provided for a rehearing, or within five (5) working days of the conclusion of a rehearing, 2 if one is conducted, provided, however, upon a finding of the existence of unusual circumstances, the Examiner may extend said five (5) working day 3 time period. Thereupon the City Council shall cause to be prepared the appropriate legislation. 4 5 Section 6: That Section 19 of Ordinance No. 692-80, which reads as follows: 6 Section 19: RECONSIDERATION. Any aggrieved party feeling 7 that the decision of the Examiner is based on an erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence 8 which could not be reasonably available at the prior hearing, may make a written request for review by the Examiner within ten (10) calendar days 9 after the written decision of the Examiner has been rendered. This request shall set forth the specific errors relied upon by such appellant, 10 and the Examiner may call for a new public hearing and, after review of the record, take further action as the Examiner deems proper. 11 12 is hereby amended to read as follows: 13 Section 19: RECONSIDERATION. Any aggrieved party feeling 14 that the decision of the Examiner is based on an erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence 15 which could not be reasonably available at the prior hearing, may make a written request for review by the Examiner within ten (10) working days 16 after the written decision of the Examiner has been rendered. This request shall set forth the specific errors relied upon by such appellant, 17 and the Examiner may call for a new public hearing and, after review of the record, take further action as the Examiner deems proper. 18 19 Section 7: That Section 20 of Ordinance No. 692-80, which reads as follows: 20 Section 20: APPEAL OF EXAMINER'S DECISION. Any party 21 aggrieved by the Examiner's final decision on any action listed in Section 12.A.1, may submit an appeal in writing to the City Council, by filing same with the City Clerk, within fourteen (14) calendar days from the 22 date of the Examiner's written decision, requesting a review of same. 23 Such appeal shall be accompanied by a fee of fifty dollars ($50.00) paid to the City Clerk. 24 Thereupon the Examiner shall cause to be forwarded to the City Council all of the pertinent documents and exhibits, including his/her written decision, findings, conclusions and notice of appeal. If, after the 25 examination of such record at a public meeting, the Council determines that a substantial error in fact or law may exist in the record, it shall 26 remand the proceeding to the Examiner for reconsideration as provided in Section 18, or, after conducting a public hearing, it may modify, remand 27 or reverse the decision of the Examiner accordingly. A transcription of the hearing record shall be transmitted to the 28 City Council at least five business days before the date and time at which the Council shall consider such appeal. 29 The cost of transcription of said hearing record shall be borne by the appellant unless otherwise determined by the City Council. Notice of 30 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 will 31 32 -8-