2022 23 ORDINANCE - Laserfiche WebLink

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ORDINANCE No. 2022 -23 Page 4 Council, whether reviewing the transcript or having a rehearing, shall consider an appeal of a decision of the Board based upon an abuse of discretion standard i.e., by deciding whether the Board's decision when it applied the standard in 122.01 was unreasonable, arbitrary, or unconscionable. When applying an abuse of discretion standard, Council may not substitute its judgment for that of the Board. The decision of the Board shall be affirmed by Council if Council finds there is any reasonable basis for the Board's decision. 122.05 TIME ALLOWED and PROCEDURE FOR REHEARING Unless otherwise determined, if a rehearing is held, the rehearing shall be held as part of a regular meeting(s) of Council and all testimony before Council shall be given under oath or affirmation, which shall be administered by a person qualified to administer oaths. The rehearing shall proceed as follows: (A) Appellant (persons in support of the appeal) and any aggrieved party (persons appearing in opposition to the appeal) shall be permitted a total of fifteen (15) minutes each, which includes ten (10) minutes for the presentation of evidence, statements and arguments and five (5) minutes for rebuttal and a brief closing statement, at the public hearing before Council. In addition, Council may permit: (1) A reasonable amount of additional time for cross-examination and redirect examination of Appellant's witnesses. (2) A reasonable amount of additional time for cross-examination and redirect examination of any aggrieved party's witnesses. (3) The administration, including the Building Commissioner and his or her staff, may be given a reasonable amount of time by the President of Council for the presentation of any information that may be necessary to the appeal. (B) The President of Council shall have the authority to deter repetitious and irrelevant testimony and shall, unless otherwise directed by a simple majority of Council, have authority to extend the time periods specified above, when it is appropriate and in the interest of affording a fair hearing to all interested parties. (C) By majority vote, Council may waive the requirements of this section in order to conduct a hearing in a manner appropriate for Council to fairly consider the appeal. 122.06 FINDINGS OF FACT AND CONCLUSIONS OF LAW If, by a two-thirds (2/3`d) vote of all members elected or appointed, Council votes to modify or overturn the decision of the Board, Council shall issue written findings of fact and conclusions of law. Or, Council shall prepare written findings of fact and conclusions of law if, prior to closing the rehearing, the Appellant, or an aggrieved party requests Council make written findings of fact and conclusions of law. In such event, Council shall direct the Village's Law Director to draft a resolution setting forth the factual and legal basis on which Council has found an abuse of discretion, which findings shall be considered and adopted by resolution at a subsequent regular meeting of Council.