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Ordinance 2001-128
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Ordinance 2001-128
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Last modified
8/19/2013 4:55:31 PM
Creation date
1/25/2006 4:40:59 PM
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CityClerk-Ordinances
Ordinance Number
2001-128
Date (mm/dd/yyyy)
07/12/2001
Description
Amend Ord. 2000-103, Certificates of Use.
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<br />of use shall remain in effect unless, within the sole discretion of the <br />Director, it is determined that the grounds for denial represent an <br />immediate threat to the health, safety, and/or welfare of the public. <br /> <br />(C) Scheduling and Conduct of Hearing. <br /> <br />(1) At any time prior to the expiration of thirty (30) days <br />following the service of the notice of intent to revoke and/or suspend <br />the Certificate of Use: the certificate holder may request in writing that <br />the ZOfliflg Direetor Code Enforcement and Licensing Director <br />schedule a hearing on the basis that he/she wishes to appeal the <br />pending revocation notice. The Zoning Director in consultation with <br />the City Special Master, shall set the matter down for hearing on the <br />next regularly scheduled hearing date or as soon thereafter as practical, <br />provided that the hearing date is not more than forty-five (45) calendar <br />days from the date of the City's receipt of the timely request for <br />appeal. The certificate holder shall receive a minimum of fifteen (15) <br />days written notice of the hearing which shall set forth the time and <br />place for the administrative hearing. <br /> <br />(2) The hearing shall be conducted by the Special Master. The <br />City Attorney shall represent the Special Master. Separate attorney <br />appointed for such purpose may represent the Director at the hearing. <br /> <br />(3) The proceedings at the hearing shall be recorded by the City <br />Clerk and may be transcribed at the expense of the party requesting the <br />transcript. <br /> <br />(4) The hearing shall be conducted in an informal manner and the <br />formal rules relating to evidence and witnesses shall not apply, but <br />fundamental due process shall be observed and shall govern the <br />proceedings. Any relevant evidence shall be admitted if the Special <br />Master finds it competent and reliable, regardless of the existence of <br />any common law or statutory rule to the contrary. <br /> <br />(5) Each party shall have the right to call and examine witnesses; <br />to introduce exhibits; to cross-examine witnesses on any matter <br />relevant to the issues even though that matter was not covered in the <br />direct examination; to impeach any witnesses regardless of which <br />party first called that witness to testify; and to offer rebuttal to the <br />evidence. <br /> <br />(6) Requests for continuances will not be considered if not <br />received by the Special Master at least seven (7) calendar days prior to <br />the date set for the hearing. <br /> <br />02001- Certificates of Use <br /> <br />8 <br />
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