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NS-1235
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Last modified
1/3/2012 1:04:58 PM
Creation date
6/26/2003 10:08:05 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-1235
Date
12/9/1974
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The clerk shall place the appeal on the agenda of the next <br />regular council meeting occurring not less than five (5) nor <br />more than thirty (30) days after receipt of the application, for <br />council action pursuant to section 3-3. <br /> <br /> 3. By resolution, the council may authorize the clerk to <br />appoint a hearing officer to consider applications or appeals <br />in specific types of matters, in which event the clerk shall <br />appoint such officer and fix a time and place for a hearing to <br />be held within the time period otherwise required for placing <br />the application or appeal on the council agenda. The clerk <br />shall notify the applicant by mail at the address provided by <br />the applicant of the date on which the matter will be placed on <br />the agenda. <br /> <br />Sec. 3-3. Determination by the council on how to proceed <br /> with an application or appeal. <br /> <br /> When an application or appeal is placed on the council <br />agenda pursuant to section 3-2, the council may take either of <br />the following actions: <br /> <br /> (1) Set a hearing date and instruct the clerk to give <br />such notice of hearing as may be required by law. <br /> <br /> (2) Appoint a hearing officer and fix the time and place <br />for hearing. The hearing officer may, but need not be a <br />city employee. The clerk shall assume responsibility for such <br />publication of notice of the hearing as may be required by law. <br />If a hearing officer is appointed, the hearing shall be conducted <br />in accordance with section 3-4 through 3-10 of this code. <br /> <br />Sec. 3-3a. Hearing before city council. <br /> <br /> Whenever the council has scheduled a hearingpursuant to <br />section 3-5 ~), at the date and time scheduled therefore council <br />shall receive testimony and other evidence from the applicant/ <br />appellant, from interested parties and from the city staff. If <br />the applicant/appellant indicates that he is not prepared to <br />present evidence, requests additional time and waives any claim <br />which may arise against the city or its agents as a result of <br />such delay, the council may continue the hearing to a subsequent <br />meeting. <br /> <br />Sec. 3-4. General powers of the hearing officer. <br /> <br /> A hearing officer appointed pursuant to sec. 3-3(2) may <br />receive and rule on the admissibility of any evidence, hear <br />testimony under oath, and call witnesses as he may deem advisable <br />with respect to the conduct of hearings. <br /> <br />Sec. 3-5. Burden of proof at hearings. <br /> <br /> Unless otherwise specifically provided by law, the burden <br />is on the applicant/appellant in any hearing under this chapter <br />to prove that he is entitled to that for which he is applying <br />under section 3-2(1) or that the determination of the official <br />or body which he is appealing under sec. 3-212] is unreasonable, <br />erroneous or clearly abusive of discretion. <br /> <br />Sec. 3-6. Rules of evidence inapplicable. <br /> <br /> The city council and the hearing officer shall not be <br />bound by the traditional rules of evidence in hearings conducted <br />under this chaptei. <br /> <br />Sec. 3-7. Report of the hearing officer. <br /> <br /> The hearing officer shall within a reasonable time not to ex- <br />ceed thirty (30) days from the date the hearing is closed submit a <br />written report to the clerk of the council. Such report shall <br /> <br />2 <br /> <br /> <br />
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