Sec. 307.204. - Appellate procedure.
(a) Within five days of the filing of a notice of appeal, including all required attachments, which has been determined to be complete, the Legislative Services Division shall notify the Council President, the chairman of the appropriate Council Committee, the affected district Council member, the Chief of Building Inspection Division, the Director of Planning and Development and the Chief of the Comprehensive Planning Division of the filing of the notice of appeal, and shall request the Office of General Counsel to prepare a resolution concerning the appeal to be introduced by the appropriate committee of Council.
(b) Upon notification by the Legislative Services Division of the filing of a notice of appeal, the Planning and Development Department shall forward a copy of the Department file on the matter to the Office of General Counsel, including the minutes pertaining to that matter, and any exhibits offered as evidence before the Commission.
(c) Upon a determination by the Office of General Counsel that the notice of appeal is sufficient, timely filed and that the appellant has standing to file the appeal, the Chairman of the committee of reference shall schedule a public hearing concerning the appeal. The Division of Legislative Services shall notify the applicant and all persons included on the lists attached to the notice of appeal of the time, date and location of the public hearing. The written notice shall be mailed at least 14 days prior to the date of the scheduled public hearing. If the Office of General Counsel determines that the notice of appeal is not sufficient, timely filed or that the appellant does not have standing to file the appeal, the attorney shall prepare a written recommendation for consideration by the committee of reference. After the committee of reference makes a determination concerning the deficiencies, the Office of General Counsel shall notify the appellant in writing of the deficiencies. No further action shall be taken until the appellant remedies the deficiencies and the committee of reference thereafter determines the notice of appeal to be sufficient. The deficiencies must be remedied within 30 days or the resolution is subject to withdrawal by the Council at any time thereafter.
(d) The resolution shall be referred to the appropriate committee of Council, which shall conduct a de novo public hearing as soon thereafter as reasonably practicable. The committee of reference shall prepare a proposed recommended written order for consideration by the Council.
(e) The record shall include all evidence and testimony presented to the Commission as well as any evidence presented to the appropriate Committee of Council orally or in writing.
(f) The committee of reference shall have the authority:
(1) To accept briefs and other papers to be filed on behalf of any party; provided all papers are submitted at or prior to the Committee hearing;
(2) To hear oral argument on behalf of any party;
(3) To take testimony and allow cross-examination of witness;
(4) To adjourn, continue, or grant extensions of time for compliance with these rules, whether or not requested by a party, provided no requirement of law is violated;
(5) To dispose of procedural requests or similar matters including motions to amend and motions to consolidate; and
(6) To keep a record of all persons requesting notice of the decision of each case.
(Ord. 96-362-453, § 4; Ord. 2001-622-E, § 2; Ord. 2004-482-E, § 1; Ord. 2005-330-E, § 1)
