§ 111-3. Appeals to Council.

This section shall provide for the conduct of appeals taken to the council pursuant to applicable ordinance. An appeal shall be taken by filing a written notice of appeal with the city board, commission or the official that conducted the hearing within 30 days of the date of mailing of the decision being appealed. The appellant shall serve a copy of the notice of appeal with the clerk of council and all persons who expressed a position in writing or testified in opposition at the hearing and serve the clerk of council with a copy of the notice of appeal and with a list of all persons served with the notice. Within 21 days of the filing of the notice of appeal, the appellant shall cause a complete record of the decision being appealed to be filed with the clerk of council. The appellant shall bear the cost of the preparation of the transcript.

On receipt of the record, the clerk shall place the appeal on the next regular agenda of the council. Council shall refer the appeal to a committee of council which shall consider the appeal no later than the third regularly scheduled committee meeting after reference. The committee shall in its consideration of the appeal be confined to the record as filed unless it appears on the face of the record or by affidavit filed by the appellant that:

(a)

The record does not contain a report of all evidence admitted or proffered by the appellant.

(b)

The testimony adduced was not given under oath.

(c)

The appellant was not permitted to appear and to be heard in person or by counsel in opposition to the order appealed from:

(1)

To present the position, arguments and contentions of the appellant;

(2)

To offer and examine witnesses and present evidence in support thereof;

(3)

To cross-examine witnesses purporting to refute the position, arguments and contentions of the appellant;

(4)

To offer evidence to refute evidence and testimony offered in opposition to the position, arguments and contentions of the appellant; or

(5)

To proffer any such evidence into the record, if the admission thereof was denied by the officer or body appealed from.

The committee may remand a matter to the board, commission or official that conducted the hearing below in order to cure any such deficiency or enter such other order as justice may require. Otherwise, the committee shall not receive any additional testimony or evidence. The appellant and any person who expressed a position in writing or testified in opposition below shall have an opportunity personally or through counsel to present arguments based on the evidence in the transcript. No other person shall have any right to be heard. Upon consideration of the evidence in the record and the arguments presented, the committee shall recommend to the council that the decision below be affirmed, modified, or reversed, in whole or in part, in accordance with all applicable laws, ordinances and regulations. Whereupon Council shall adopt such order as is just, no later than the second regularly scheduled meeting of council following the committee recommendation.

(C.M.C. 109-16; ordained by Ord. No. 299-1978, eff. July 6, 1978; renumbered to C.M.C. 111-3 and a. Ord. No. 249-1979, eff. July 13, 1979; a. Ord. No. 287-1988, eff. Aug. 3, 1988; a. Ord. No. 111-1992, eff. April 17, 1992; a. Ord. No. 361-1994, eff. Oct. 28, 1994)