Ordinance 2016-485 - Laserfiche WebLink

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§ 14-11. Appeal of order of Special Master Magistrate. A. An aggrieved party, including the City, may appeal a final order of a Special Master Magistrate to the Circuit Court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Special Master Magistrate. An appeal shall be filed within 30 calendar days of the issuance of the order sought to be overturned. Failure to make such appeal within the prescribed thirty- ` day period shall render the findings of the Special Master Magistrate conclusive, binding and final. B. Unless the findings of the Special Master Magistrate are overturned, said findings of the Special Master Magistrate shall be admissible in any proceeding to collect unpaid penalties. C. No aggrieved party other than the City may apply to the court for relief unless such party has first exhausted the remedies provided for in this chapter and has taken all available steps provided in this chapter. It is the intention of the City that all steps provided by this chapter shall be taken before any application is made to the court for relief, and no application shall be made by any aggrieved party other than the City to a court for relief except from an order issued by a Special Master Magistrate pursuant to this chapter. It is the intention of the City that, notwithstanding anything in this chapter to the contrary, the City shall retain all rights and remedies otherwise available to it to secure compliance with or prevent violations of the Code. For purposes of an appeal, the Clerk shall make available, for public inspection and copying, the record upon which each final order of a Special Master Magistrate is based. The Clerk shall make a reasonable charge commensurate with the cost for the preparation of the official record on appeal and transmittal thereof to the Circuit Court for making certified copies of any record or portion thereof. § 14-12. Rehearing. A. Upon a filing of a petition for rehearing by a violator or by the City, a Special Master Magistrate may rehear a case: (1) To take additional testimony or issue a new order. The petition must be filed with the City Clerk and must demonstrate that there is newly discovered evidence which could not have been discovered through the use of due diligence prior to the original hearing and which will probably change the result if a rehearing is granted; or (2) The Special Master Magistrate has overlooked or failed to consider something that renders the order issued erroneous. B. Each petition for rehearing must be filed within 10 days of the filing of the last order issued in the case. 8 Words added underlined.words sin deleted