For the purposes of this division "the board" shall mean the
permit and license appeal board.
(1959 Code, sec. 2-89; Ordinance
7647, sec. 1, adopted 4/13/1978; 1983 Code, sec. 2-163; Ordinance
8860, sec. 1, adopted 1/9/1986; Ordinance 9276, sec. 1, adopted 5/11/1989; Ordinance
2023-O0071 adopted 6/27/2023)
There is hereby created and established a board to be known
and designated as the "permit and license appeal board" consisting
of seven (7) members who shall be appointed by the city council. Of
such membership, four (4) members shall have expertise in the following
areas: one in law enforcement, one in the water industry, one licensed
irrigator, and one in health. The members shall serve staggered terms,
as has been heretofore established, which terms shall be for three
(3) years. The board shall adopt its own rules of procedure, which
shall not be inconsistent with the requirements of this division,
and shall elect its chairman and vice-chairman, which officers shall
serve one-year terms.
(1959 Code, sec. 2-89; Ordinance
7647, sec. 1, adopted 4/13/1978; 1983 Code, sec. 2-164; Ordinance
8860, sec. 1, adopted 1/9/1986; Ordinance 9276, sec. 1, adopted 5/11/1989; Ordinance 2019-O0035, sec. 1, adopted 3/26/2019; Ordinance 2023-O0071 adopted 6/27/2023)
(a)
A meeting of the board shall be specially called as required
upon receipt of a written notice of appeal by the office of the city
secretary or upon receipt of a request by the director of code enforcement
for the need of a junked vehicle determination to the city secretary.
(b)
The meeting to consider the appeal or determination shall be
held within such time period as may be required under applicable provisions
of the Code of Ordinances, City of Lubbock, Texas, but not more than
thirty (30) days after the timely filing of the notice of appeal or
the request for a determination, unless a continuance of the meeting
is granted by the board for good cause shown, or unless a later date
is requested or agreed to by the appellant.
(c)
The city secretary or his representative shall notify the board
members of the notice of appeal or need for a junked vehicle determination,
and a time and place for meeting of the board shall be set. The city
secretary shall notify the appellant by certified mail of the time
and place of meeting of the permit and license appeal board to consider
the appeal. In cases regarding the determination of a junked vehicle,
the director of code enforcement shall send notice of such meeting
for a determination in accordance with the provisions of the Code
of Ordinances.
(d)
The presence of three (3) members, one of which has expertise
in either the water or irrigation industry of the board at a meeting
shall constitute a quorum. A motion may be adopted only if it receives
the votes of at least a majority of the members present at a properly
called meeting where there is a quorum present.
(e)
A decision of the board pursuant to the authority granted to
it by this division shall be final and binding as to the matter heard
in such hearing.
(1959 Code, sec. 2-91; Ordinance
7647, sec. 1, adopted 4/13/1978; 1983 Code, sec. 2-165; Ordinance
9453, sec. 1, adopted 7/11/1991; Ordinance 10056, sec. 1, adopted 3/12/1998; Ordinance
2023-O0071 adopted 6/27/2023)
The city council may remove any member of the permit and license
appeal board found by it to be incompetent, unfit or unsuitable to
serve upon the board.
(1959 Code, sec. 2-93; Ordinance
7647, sec. 1, adopted 4/13/1978; 1983 Code, sec. 2-168; Ordinance 2023-O0071 adopted 6/27/2023)
The board shall be responsible for hearing appeals from administrative
acts of city officials denying, revoking or suspending permits and
licenses issued by the city in instances where there is no other board
specifically appointed to hear such appeals and in cases as specifically
set forth in this division. In addition, the board is responsible
for making determinations regarding junked vehicles.
(1959 Code, sec. 2-90; Ordinance
7647, sec. 1, adopted 4/13/1978; 1983 Code, sec. 2-166; Ordinance 2023-O0071 adopted 6/27/2023)
(a)
The board may sustain, overrule or modify the action of any
city official in regard to the denial, revocation or suspension of
a permit or license issued by the city.
(b)
The board may also sustain, overrule or modify the action of
any other city board when the Code of Ordinances of the City of Lubbock
authorizes an appeal of the other city board's decision to the permit
and license appeal board.
(c)
The board further may sustain, overrule or modify the action
of any city official with regard to any matter in which the ordinances
of the City of Lubbock authorize an appeal to the board.
(d)
The permit and license appeal board may specifically hear certain appeals related to particular water matters within chapter 22 of the Code of Ordinances as follows:
(1)
The permit and license appeal board shall have the authority
and is vested with the jurisdiction to hear and determine:
(A)
Appeals from administrative decisions regarding substitution of alternate systems from those provided in this division and division 3 of article 22.03;
(B)
Appeals from administrative decisions regarding exceptions to the watering times and/or conditions than those set forth in section 22.03.133(a) and (b);
(C)
Appeals from administrative decisions regarding variances to the requirements of the water use management plan, drought and emergency contingency plan set forth in section 22.08.084;
(D)
Appeals from administrative decisions regarding variances to the computation of the average winter consumption as set forth in section 22.03.096(a);
(E)
Appeals from the internal administrative appeal procedure as set forth in section 22.03.096(b) and (c); and
(F)
Appeals from the internal administrative appeal procedure as set forth in section 22.07.007(a) and (b).
(2)
Each party appealing the administrative decision prescribed by sections 22.03.132, 22.03.133, 22.08.084, 22.03.085, 22.03.096, 22.07.007 shall, upon making such appeal, submit to the board sufficient technical and factual data and any other information to demonstrate that the final decision by the internal administrative appeal is incorrect or in error.
(3)
The board shall have no authority relative to interpretation of the administrative provisions or requirements as set forth in this division and sections 22.03.132, 22.03.133, and 22.07.007, either expressed or by reference, nor, except as set forth herein, be empowered to waive requirements set forth in the Code of Ordinances. Notwithstanding the above, the permit and license appeal board may grant exceptions to section 22.03.133(a) and/or (b) in the event appropriate findings as set forth in section 22.08.084(c) are made.
(e)
The board shall have the authority to consider and determine
if a vehicle is a junked vehicle in accordance with the following:
(1)
The board shall conduct the public hearing required prior to the removal of a junk vehicle or part thereof as a nuisance under article 34.06 when such a hearing is requested by the owner or occupant of the public or private premises on which said vehicle is located; by the owner or occupant of the premises adjacent to the public right-of-way where the vehicle is located; or by the director of code enforcement of the City of Lubbock.
(2)
A request for a public hearing pursuant to this subsection shall
be made in writing and filed with the city secretary.
(4)
The board shall issue an appropriate order and may, if necessary, issue an order under section 34.06.009(f) authorizing and requiring the director of code enforcement of the city to remove the vehicle in question.
(1959 Code, sec. 2-92; Ordinance
7647, sec. 1, adopted 4/13/1978; 1983 Code, sec. 2-167; Ordinance
8860, sec. 2, adopted 1/9/1986; Ordinance 8962, sec. 1, adopted 9/11/1986; Ordinance
2023-O0071 adopted 6/27/2023)
In all cases where a public hearing is authorized or required
to be held by this board the following procedures shall be followed:
(1)
A record of the entire proceedings shall be made by tape recording
or by any other means of permanent recording determined to be appropriate
by the board.
(2)
In addition to the record of the proceeding made by the board,
any person appearing before the board may, at his expense, have the
proceeding recorded by a duly certified court reporter. In every case
where a court reporter is employed the person employing the reporter
shall furnish a transcript of the hearing as produced by the reporter
to the board at no cost to it.
(3)
The board may grant a continuance of a hearing for good cause
shown.
(4)
The chairman of the board or the board's vice-chairman shall
have the power to administer oaths or affirmations at any hearing
conducted by the board.
(5)
Unless notice is otherwise proscribed by other provision in
the Code of Ordinances, notice of any hearing held by the board shall
be sent to any person affected by certified mail, return receipt requested,
and be in substantially the following form:
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NOTICE OF HEARING
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To (Name):
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Address:
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You are hereby notified that a hearing will be held before the
City of Lubbock Permit and License Appeal Board at _____ on the _____
day of _____, 20 _____ at the hour of _____ o'clock _____.m.
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The subject matter of the hearing is as follows:
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You may be present at the hearing and may represent yourself
or be represented by legal counsel of your choice.
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You may present any relevant evidence on your behalf concerning
the subject matter of the hearing and will be given the full opportunity
to cross examine all witnesses offering evidence against you.
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You may request the issuance of subpoenas to compel the attendance
of witnesses and the production of books, documents, papers or other
matters by filing a written request for such subpoena with the secretary
of the board.
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(6)
The chairman or vice-chairman of the board shall issue all subpoenas
requested in writing by any party to a hearing before the board. It
shall, however, be the obligation of the requesting party to furnish
to the secretary of the board all necessary information for the proper
issuance of any subpoena.
(7)
The board itself, in addition to any party to a hearing held
by the board, may by motion request a subpoena to be issued to compel
the attendance of any witness or the production of book, papers, documents
or other things in the interest of fairness.
(8)
The chairman or vice-chairman of the board shall not issue any
subpoena when the requesting party fails to provide the necessary
information to the secretary for its issuance.
(9)
The right to cross examination shall be allowed to all parties
to a hearing held before the board.
(10)
The right to be represented by legal counsel shall be extended
to all parties to a hearing before the board.
(11)
The right to call a witness on his behalf shall be extended
to all parties to a hearing before this board.
(12)
The burden of proof in every case, other than junked vehicle
determinations, shall be upon the person or persons bringing the appeal
to the board to show cause why the decision appealed from should be
overruled or modified. In the case of determinations of junked vehicles,
the burden of proof shall be on the person alleging that a vehicle
is not a junked vehicle.
(13)
During a hearing held before the board any member of the board
shall have the right to direct any question to either party to such
hearing.
(14)
Oral evidence shall be taken only on oath or affirmation of
the witness offering such evidence.
(15)
Any relevant evidence may be admitted if it is the type of evidence
on which responsible persons are accustomed to rely in the conduct
of serious affairs, regardless of the existence of any common law
or statutory rule which might make improper the admission of such
evidence over objection in civil actions in courts of competent jurisdiction
in this state.
(16)
The board shall have in mind that it is conducting an administrative
hearing and consistent with the provisions of this section may adopt
any rules necessary to conduct such hearing held before it.
(17)
The board shall render its decision in writing within five (5)
days of the conclusion of any hearing held before it.
(1983 Code, sec. 2-169; Ordinance 8860, sec. 3, adopted 1/9/1986; Ordinance 2023-O0071 adopted 6/27/2023)
