Any person, firm or corporation aggrieved by an interpretation of this article or by any decision or ruling by the electrical board under this article shall have the right to make an appeal to the mayor and city council.
(Ordinance 84-464 adopted 2/28/84; 1994 Code, sec. 154.110)
(a) 
The appeal shall be perfected by written notice addressed to the mayor or city manager and shall contain at least the following information:
(1) 
A statement identifying the legal interest of each appellant;
(2) 
A statement identifying the specific order or section being appealed;
(3) 
A statement detailing the issues on which the appellant desires to be heard; and
(4) 
The legal signature of all appellants and their official mailing address.
(b) 
Upon receipt of an appeal, the mayor or city manager shall, as soon as practicable, fix a date, time and location for the hearing of the appeal. The hearing date shall be a regular or special called council meeting not more than 30 days from the date the appeal was filed. Written notice of the time and location of the hearing shall be delivered personally or mailed to each appellant to the address on the appeal by certified mail, postage prepaid and return receipt requested.
(Ordinance 84-464 adopted 2/28/84; 1994 Code, sec. 154.111)
(a) 
The hearing notice shall include but not be limited to the following information:
You are hereby notified that on the __________ day of 19_____, at _____ o’clock _____.m. at __________, a hearing will be held before the Mayor and City Council to consider the appeal from the decision of the Electrical Board.
You may choose to be represented by counsel. You may present relevant evidence and will be given an opportunity to cross-examine all witnesses. You may request the issuance of subpoenas to compel witnesses to appear for the production of other supporting data or documentation by filing a written report therefor with the City Manager.
(b) 
The hearing notice shall be served at least seven days prior to the hearing date.
(Ordinance 84-464 adopted 2/28/84; 1994 Code, sec. 154.112)
(a) 
The hearing shall offer the appellant reasonable opportunity to be heard on only those specific matters or issues raised by the appellant in his written appeal.
(b) 
The appellant may appear at the hearing in person or through his attorney or other designated representative.
(Ordinance 84-464 adopted 2/28/84; 1994 Code, sec. 154.113)
Failure of any person to appear at the hearing set in accordance with the provisions of this article shall constitute a waiver of his right to an administrative hearing on the notice.
(Ordinance 84-464 adopted 2/28/84; 1994 Code, sec. 154.114)
(a) 
Filing.
The mayor or city council may obtain the issuance and service of subpoenas for the attendance of witnesses or the production of evidence at the hearings. Subpoenas may be issued upon the request of any member of the city council or the city manager or upon the written request of any party involved in the hearing. The issuance and service of subpoenas shall be in accordance with established law.
(b) 
Failure to appear.
Any person who refuses, without legal excuse, to respond to any subpoena lawfully issued and served shall be in violation of this article.
(Ordinance 84-464 adopted 2/28/84; 1994 Code, sec. 154.115)
(a) 
The hearing shall not be required to be conducted in accordance with the technical rules relating to evidence and testimony.
(b) 
The city council may grant continuances for good cause.
(Ordinance 84-464 adopted 2/28/84; 1994 Code, sec. 154.116)
(a) 
In any proceedings under this article, any member of the city council or the city manager shall have the power to administer oaths and affirmations and to certify official acts.
(b) 
Oral evidence shall be taken only on oath or affirmation.
(c) 
Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence. The further use of hearsay evidence shall be limited to that which would be admissible in civil court.
(d) 
Relevant evidence shall be admitted if it is the type 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 courts.
(Ordinance 84-464 adopted 2/28/84; 1994 Code, sec. 154.117)
The mayor and city council may inspect any building, structure or premises involved in the appeal during the course of the hearing, provided that:
(1) 
Notice of such inspection is given to the parties prior to making the inspection;
(2) 
The parties are allowed to be present during the inspection; and
(3) 
The inspector shall state for the record, upon completion of the inspection, the facts observed and any conclusions drawn therefrom.
(Ordinance 84-464 adopted 2/28/84; 1994 Code, sec. 154.118)
(a) 
Hearing.
When an appeal is heard before the mayor and city council, any member who did not hear the evidence presented or has not read the entire record of the proceedings shall not vote or take part in the decision. The mayor shall not be entitled to vote unless the vote of the council is tied.
(b) 
Decision.
The mayor and city council, after hearing the evidence presented, shall make and render a decision within 30 days from the date of hearing.
(Ordinance 84-464 adopted 2/28/84; 1994 Code, sec. 154.119)
If the appellant is aggrieved by the decision of the mayor and city council, nothing in this article shall be construed to deprive him of seeking redress in any appropriate court of competent jurisdiction. However, the decision of the mayor and city council shall be deemed final if no suit is filed in a court of competent jurisdiction by an interested party within 30 days of the date of the decision, and it shall be presumed that any party who shall not file or join as a party in such suit within the 30-day period does not contest the decision of the mayor and city council.
(Ordinance 84-464 adopted 2/28/84; 1994 Code, sec. 154.120)