[Ord. No. 8020, 11-13-2017]
A.
Any individual, company, or corporation aggrieved or prejudiced by
decision of the Wastewater Treatment Superintendent, or his/her designee,
concerning this Chapter shall be entitled to request or review of
said decision. Said review shall be conducted by the Director of Public
Works pursuant to the following procedure:
1.
The Public Works Department shall maintain a form for requesting
review before the Director of Public Works.
2.
Said request shall be filed within ten (10) days of the applicant's
receipt of notice of the decision which is being reviewed. Said request
for review shall state the specific manner in which the decision of
the Wastewater Treatment Superintendent is alleged to be in error.
3.
Upon receipt of the request for review, the Director of Public
Works shall immediately notify the Wastewater Treatment Superintendent
and the Superintendent shall have five (5) days in which to submit
a written response of said request for review.
4.
Within ten (10) days after receiving the response of the Wastewater
Treatment Superintendent, or within fifteen (15) days of the filing
of the notice of appeal, if no such response is submitted, the Director
of Public Works shall render a decision affirming, reversing, or modifying
the decision of the Wastewater Treatment Superintendent. In the alternative,
if he/she deems it appropriate, the Director of Public Works may decline
to render a decision and direct the matter be submitted to the City
Manager for a review conducted pursuant to the following Sections.
[Ord. No. 8020, 11-13-2017]
A.
Any individual, company, or corporation aggrieved or prejudiced by
decision of the Director of Public Works, or his/her designee, concerning
this Chapter shall be entitled to request or review of said decision.
Said review shall be conducted by the City Manager pursuant to the
following procedure:
1.
The Public Works Department shall maintain a form for requesting
review before the City Manager.
2.
Said request shall be filed within ten (10) days of the applicant's
receipt of notice of the decision which is being reviewed. Said request
for review shall state the specific manner in which the decision of
the Director of Public Works is alleged to be in error.
3.
Upon receipt of the request for review, the City Manager shall
immediately notify the Director of Public Works and the Director shall
have five (5) days in which to submit a written response of said request
for review.
4.
Within ten (10) days after receiving the response of the Director
of Public Works, or within fifteen (15) days of the filing of the
notice of appeal, if no such response is submitted, the City Manager
shall render a decision affirming, reversing, or modifying the decision
of the Wastewater Treatment Superintendent or the Director of Public
Works. In the alternative, if he/she deems it appropriate, the City
Manager may decline to render a decision and direct the matter be
submitted to the City Council and a review conducted pursuant to the
following Section.
[Ord. No. 8020, 11-13-2017]
A.
Any individual, company, or corporation aggrieved or prejudiced by
the decision of the City Manager concerning this Chapter shall be
entitled to request review of said decision. Said review shall be
conducted by the City Council pursuant to the following:
1.
City Clerk shall maintain a form requesting a review before
the City Council.
2.
Said request shall be filed within fifteen (15) days of the
applicant's receipt of notice of the decision of the City Manager
which is alleged to be in error.
3.
The notice of appeal shall state the specific reason why the
decision of the City Manager is alleged to be in error.
4.
Upon receipt of the appeal, the City Clerk shall immediately
notify the City Manager of the receipt of the appeal and the City
Manager shall have a period of five (5) days in which to prepare a
written response to said appeal. A copy of said response shall be
provided to appellant.
5.
The hearing shall be held before the City Council not less than
twenty-one (21) days after receipt by the City Clerk of the request
for review, unless extended by the City Council upon mutual agreement
of the parties or for good cause shown.
6.
At the hearing, the City Council shall have the right to examine
the drawings, diagrams, books, records, and papers pertinent to the
issues before it. The City Council shall have the power to issue any
necessary subpoenas over the signature of the City Clerk and to issue
all necessary processes to subpoena witnesses, to compel by subpoena
duces tecum issued over the signature of the City Clerk, the production
of books, records, papers and other evidence; and to administer oaths
and to take testimony.
7.
The individual, company or corporation aggrieved shall have
the full right to be represented by counsel and may produce witnesses
and cross-examine all witnesses who may appear against him/her at
any hearing held hereunder. Witnesses may appear voluntarily at such
hearings and testimony. Before any witness shall testify in any such
hearing or proceedings, said witness shall be sworn to tell the truth
by the Mayor or Acting Mayor.
8.
All decision, findings, and orders of the City Council to the
proceeding shall be in writing. Parties to the proceedings shall be
notified of the decision by the City Council by certified mail to
the address listed on the request for review.
9.
Based on the evidence produced at the hearing, the City Council
shall issue an order as supported by the evidence, including the following:
a.
Affirm the decision of the City Manager, Director of Public
Works or Wastewater Treatment Superintendent;
b.
Reverse the decision of the City Manager, Director of Public
Works or Wastewater Treatment Superintendent;
c.
Affirm or reverse the decision of the City Manager, Director
of Public Works or Wastewater Treatment Superintendent with such modifications
to the appealed decision as Council deems appropriate and is supported
by the evidence.
[Ord. No. 8020, 11-13-2017]
Following any decision or ruling by the City Council relating
to this Chapter, any individual, company, or corporation aggrieved
or prejudiced by said decision or ruling may seek judicial review
of the matter provided by law. The City Council may stay enforcement
of its decision or ruling for a period of time, not to exceed thirty
(30) days, pending the filing or final disposition of an application
for judicial review.
