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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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contain a brief summary of the evidence considered and state the <br />hearing officer's findings, conclusions and recommendations. <br />The report shall also contain a proposed decision in the matter. <br />All such reports filed with the clerk shall be matters of public <br />record. A copy of each such report of proposed decision shall <br />be mailed by certified mail to the applicant/appellant on the <br />date it is filed with the clerk and a further copy shall be sent <br />to the city department, board or commission most directly con- <br />cerned with the subject of the report. <br /> <br />Sec. 3-8. Consideration of hearing officer's report by <br /> council notice. <br /> <br /> The clerk of the council shall place the hearing officer's <br />report on the agenda for the next regular meeting which occurs <br />not less than ten (10) days after the report is filed and shall <br />notify the applicant/appellant of the date of such meeting at <br />least ten (10) days prior to the meeting unless the applicant/ <br />appellant stipulates to a shorter notice period. <br /> <br />Sec. 3-9. Exceptions to hearing officer's report. <br /> <br /> Not later than five (5) days before the date set to consi- <br />der the report, the applicant/appellant may file with the clerk <br />written exceptions to any part thereof and may attach thereto a <br />proposed decision together with written argument in support of <br />such decision. By leave of the council, the applicant/appellant <br />may present oral argument to the council. <br /> <br />Sec. 3-10. Action by council upon consideraton of hearing <br /> officer's report. <br /> <br /> The council may adopt or reject the proposed decision in <br />its entirety, or may modify the proposed decision. <br /> <br /> If the council does not adopt the hearing officer's pro- <br />posed decision, it may: <br /> <br />(1) <br /> <br />refer the matter to the same or another hearing <br />officer for a completely new hearing or for the <br />taking of additional evidence on specific points, <br />in either of which cases the hearing officer shall <br />proceed as provided in sections 3-4 through 3-7, or <br /> <br />(2) <br /> <br />decide the case upon a review of the entire record <br />before the hearing officer, with or without taking <br />additional evidence. <br /> <br />Sec. 3-11. Hearings to which this chapter shall not apply. <br /> <br />The provisions of this chapter shall not apply to: <br /> <br />~ (1) Hearings under chapter 38 (vehicles for hire) which <br />contains its own hearing officer procedure. <br /> <br /> (2) Hearings to consider the master plan or the general <br />plan. <br /> <br /> (3) Hearings to determine whether public convenience and <br />necessity require acquisition of property for public use. <br /> <br />(4) Hearings to consider parcel maps. <br /> <br /> (5) Hearings to review or consider on appeal any action <br />of the planning commission or zoning administrator. <br /> <br />Sec. 3-12. Applicability of this chapter to hearings before <br /> bodies other than the city council. <br /> <br /> Hearings before boards and commissions other than the city <br />council are not required to be conducte~ in accordance with the <br /> <br /> <br />
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