§ 280-46. City council public hearing and decision.

(a)

The mayor and city council shall hold a hearing to consider all appeals of administrative decisions.

(b)

The mayor shall request that the appeal be identified and read. The aggrieved party shall then be allowed a total of ten minutes for presentation of data, evidence and opinion concerning the appeal. If all ten minutes are not used, the aggrieved party's remaining time may be reserved for rebuttal. The acting party and those in opposition to the appeal shall then be allowed a total of ten minutes for presentation of data, evidence and opinion concerning the order, requirement, decision or determination. The presentation times may not be reduced but may be extended by majority vote of the Mayor and City Council, provided they are expanded equally for the aggrieved party and the acting party.

(c)

Following the close of the hearing and consideration of all testimony, documentary evidence and matters of record, the mayor and city council shall make a decision. The decision shall be made within a reasonable period of time but in no event more than 60 days from the date of the close of the hearing. Final action on an appeal requires a simple majority vote of the mayor and city council members present and voting.

(d)

In exercising its powers, the mayor and city council may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from. To that end, the Council has all the powers of the administrative official from whom the appeal was taken and may issue or direct approvals, including, but not limited to the issuance of a permit, provided all requirements imposed by all other applicable laws are met.

(Ord. No. 743 , 12-19-17)