[Ord. No. 2634 §16, 3-12-1992]
Any person who is aggrieved of a decision made by the Commission shall have the right to file for an appeal to the full Board of Aldermen.
Within thirty (30) days of the action(s) causing the applicant's complaint or within thirty (30) days of becoming aware of such actions, the applicant shall notify the City Clerk in writing of his/her request for an appeal hearing. The City Clerk shall notify the Mayor of such request within five (5) working days forwarding a copy of the applicant's written complaint to him/her.
The Mayor shall schedule an appeal hearing for a date no later than forty-five (45) days from the receipt of the appeal notification. The appeal shall be heard at a regular or specially convened meeting of the Ste. Genevieve Board of Aldermen at the Ste. Genevieve City Hall.
The City Attorney shall act as legal consultant to the Board of Aldermen at the appeal hearing and may provide whatever advice deemed appropriate.
The applicant shall speak first (1st) at the hearing, outlining his/her grievance. The applicant may present evidence for the Board's consideration, introduce witnesses on his/her behalf and cross-examine witnesses. The City Attorney shall present the Planning and Zoning Commission's case and may present evidence and introduce and cross-examine witnesses.
The applicant may be represented by an attorney at the hearing. When the applicant's attorney introduces evidence or cross-examines witnesses on the applicant's behalf, the City Attorney shall be entitled to do the same on the City's behalf.
The members of the Board of Aldermen, including the Mayor, shall have the right to interrogate all witnesses testifying at the appeal hearing.
Cases shall be decided by a majority vote of the entire Board of Aldermen. In the case of a tie vote of the Board of Aldermen, the Mayor shall cast the deciding vote; otherwise, the Mayor shall not have a vote.
The Board of Aldermen shall render a decision on all matters under appeal within thirty (30) days following the close of the appeal hearing.