5.8. SR 07-21-2008 - Laserfiche WebLink

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Section xx.06 ADMINISTRATIVE REVIEW. (A) The Hearing Board's decision in any of the following matters may be appealed by a party to the City Council for administrative review: (1) An alleged failure to obtain a permit, license, or other approval from the City Council as required by an ordinance; (2) An alleged violation of a license other approval, or the conditions attached to the license, or approval, which was granted by the City Council; and (3) An alleged violation of regulations governing a person or entity, who has received a license granted by the City Council. (B) The appeal must be heard by the City Council after notice served in person or by registered mail at least ten days in advance. The parties to the hearing must have an opportunity to present oral or written arguments regarding the Hearing Board's decision. (C) The City Council must consider the record, the Hearing Board's decision, and any additional arguments before making a determination. The Council is not bound by the Hearing Board's decision, but may adopt all or part of the officer's decision. The Council's decision must be in writing. (D) If the Council makes a finding of a violation, it may impose a civil penalty not exceeding $2,000 per day per violation, and may consider any or all of the factors contained in Section xx.05(D). The Council may also reduce, stay, or waive a fine unconditionally or based on reasonable and appropriate conditions. (E) In addition to imposing a civil penalty, the Council may suspend or revoke any city issued license, permit, or other approval associated with the violation, if the procedures in the city code have been followed. Any hearing required in the city code for such suspension or revocation is deemed satisfied by the hearing before the Hearing Board with the right of appeal to the City Council. Section xx.07 JUDICIAL REVIEW. An aggrieved party may obtain judicial review of the decision of the Hearing Board or the City Council in accordance with state law. Section xx.08 RECOVERY OF CIVIL PENALTIES. (A) If a civil penalty is not paid within the time specified, it constitutes: (1) A personal obligation of the violator in all other situations; and S:\PLANNING MAIN\Case Files\OA\OA 08-07 Administrative Citations\Ordinance revised for hearing board.doc