[Ord. No. 2634 §16, 3-12-1992]
A.
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.
B.
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.
C.
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.
D.
The
City Attorney shall act as legal consultant to the Board of Aldermen
at the appeal hearing and may provide whatever advice deemed appropriate.
E.
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.
F.
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.
G.
The
members of the Board of Aldermen, including the Mayor, shall have
the right to interrogate all witnesses testifying at the appeal hearing.
H.
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.
I.
The
Board of Aldermen shall render a decision on all matters under appeal
within thirty (30) days following the close of the appeal hearing.
