Chapter 1.15
ADMINISTRATIVE REMEDIES
Sections:
1.15.040 Not additional remedy.
1.15.010 Hearings – Request.
Unless otherwise specifically provided in any ordinance of the city or any code adopted by reference, a hearing before the city council may be requested by any person:
(1) Who is denied or refused a permit or license by any officer, agent or employee of this city.
(2) Whose permit or license is revoked, restricted, qualified, or limited from that for which it was first issued. [Code 1997 § 1-4-11.]
1.15.020 Form of request.
The request for hearing must be made in writing to the mayor or recorder and made within 30 days following the date notice denying, refusing, revoking, qualifying, restricting or revoking the license or permit is mailed by the city to the applicant or license holder at his address as it appears on the application or license. [Code 1997 § 1-4-12.]
1.15.030 Procedure.
(1) Following receipt of a request for hearing, the city council shall inform the person requesting a hearing of the time and place the hearing is to be held.
(2) At the hearing, the aggrieved party shall have the right to hear and examine any witnesses the city may produce to support its decision and to present his own evidence in support of his contention.
(3) The city council shall, within 10 days following the conclusion of the hearing, in writing, inform the person who requested the hearing of the decision of the city council.
(4) The person requesting a hearing before the city council shall carry the burden of proof as to any facts advanced by the person, under a preponderance of the evidence standard. [Amended during 2011 recodification. Code 1997 § 1-4-13.]
1.15.040 Not additional remedy.
This chapter shall not be constructed so as to afford any aggrieved party more than one hearing before the city council nor shall the hearing provided in this chapter apply to any criminal complaint or proceeding. [Code 1997 § 1-4-14.]