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Ord 2001-007
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Ord 2001-007
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
3/19/2001
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PERM
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hearings shall be tape recorded. Hearings need not be conducted according to the technical rules <br /> of evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any <br /> direct evidence, but shall not be sufficient in itself to support a finding unless it would be <br /> admissible over objection in civil actions in courts of competent jurisdiction in this State. Any <br /> relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are <br /> accustomed to rely on in the conduct of serious affairs, regardless of the existence of any <br /> common law or statutory rule which might make improper the admission of such evidence over <br /> objection in civil actions in courts of competent jurisdiction in this State. Oral evidence shall be <br /> taken only on oath or affirmation. Irrelevant and unduly repetitious evidence shall be excluded. <br /> At the time stated in the complaint, the Manager shall hear and consider all relevant evidence, <br /> objections or protests, and shall receive testimony under oath relative to the acts or failures to act <br /> that constitute a basis for liability. If the Manager finds that there is sufficient cause to find <br /> liability, the Manager shall prepare findings and an order, which shall specify the nature of the <br /> violation and the amount of the proposed civil liability. <br /> Section 3 -18 -215. Administrative Order Appeal Process. <br /> The owner, occupant or responsible party (Respondent) subject to an Administrative Order <br /> proceeding may appeal the Manager's findings and order to the City Council by filing an appeal <br /> with the City Clerk within ten (10) calendar days of the date of service of the Manager's <br /> decision. The appeal shall contain: <br /> a) A specific identification of the alleged basis for liability <br /> b) The names and addresses of all appellants <br /> c) A statement of appellant's legal interest in the proceedings <br /> d) A statement in ordinary and concise language of the specific order or action <br /> protested and the grounds for appeal, together with all material facts in support <br /> thereof <br /> e) The date and signatures of all appellants <br /> f) The verification of at least one appellant as to the truth of the matters stated in the <br /> appeal. <br /> As soon as practicable after receiving the appeal, the City Clerk shall set a date for the Council to <br /> hear the appeal which date shall not be less than ten (10) calendar days nor more than sixty (60) <br /> calendar days from the date the appeal was filed. The City Clerk shall give each appellant <br /> written notice of the time and place of the hearing at least five (5) calendar days prior to the date <br /> of the hearing, either by causing a copy of such notice to be delivered to the appellant personally <br /> or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on <br /> the appeal. Continuances of the hearing may be granted by the Council on request of the <br /> Respondent for good cause shown, or on the Council's own motion. <br /> 15 <br />
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