§ 155.030. Review Procedure.

A. 

The following procedures for review of a final action shall be followed:

1. 

Final decision. The person petitioning for review shall obtain a final decision before requesting review.

2. 

Petition for review. Within ten (10) days from the date of the final decision, the person requesting the review shall file, in the office of the City Clerk, a written petition for review of that decision. A copy shall also be filed with the City Attorney.

3. 

Initial review of decision. The City Clerk, in consultation with the City Attorney where appropriate, shall review each petition and determine whether it seeks review authorized by this Code. In the event that the petition does not allege a review authorized by this Code, the petition shall be dismissed upon direction of the City Clerk.

4. 

Stay of final action. Upon request of the petitioner, the Board may stay pending its review the final action of any decision, other than a decision of the Board of Aldermen, upon a showing:

a. 

The petitioner has a substantial likelihood of demonstrating that the final action to be reviewed is unlawful or an unconstitutional taking,

b. 

Irreparable harm if such stay is not issued, and

c. 

The public interest would not be harmed by issuance of such stay.

Where the final action is a decision of the Board of Aldermen, the petitioner may seek such stay from the Board of Aldermen, whereupon in its discretion, such stay may be granted pending review by the Board.

5. 

Hearing date. The Board shall set a time to review the decision that gave rise to the petition as soon as reasonably practical and shall provide public notice of such meeting. The Board shall hear and consider the evidence related to and submitted by the petitioner, the City or other interested parties in the discretion of the Board. The hearing shall include written submittals.

6. 

Hearing requirements. Unless a hearing or the requirements herein are waived by petitioner, each hearing shall provide a record of the proceedings (by audio, video, stenographic, or other reliable means of recording capable of transcription) and shall permit the parties to introduce evidence under oath, and shall provide for cross-examination, when requested. The formal hearing requirements herein shall be deemed waived if not affirmatively requested by petitioner in its petition.

7. 

Removal. The Board of Aldermen or the Mayor may remove any matter directly to the Board of Aldermen for review by filing notice with the Board to such effect.

8. 

Exception. Nothing herein regarding hearing requirements shall prevent summary decision on any petition where there is no genuine dispute as to the relevant facts.

R.O. 2012 §180.030; Ord. No. 1481 §2, 5-17-2011