§ 114. Rules of procedures.  


Latest version.
  • (a)

    The mayor and board of commissioners may make additional rules as to the manner of filing requests for re-hearings the procedures applied during any hearings related to such requests.

    (b)

    A request for rehearing shall stay all administrative proceedings in furtherance of the action upon which rehearing is sought unless the city manager certifies to the mayor and board of commissioners, after the request for rehearing is filed, that, by reason of facts stated in the certification, a stay would, in the opinion of the city manager, cause imminent peril to the health, safety or welfare of persons or property. The city manager shall cause to be served upon the appellant a copy of any such certificate by certified mail or personal delivery at the address of such person specified on the request for rehearing In such case of a certification identifying peremptory action by the city manager, such peremptory action shall not be stayed otherwise than by an order which may be granted by the mayor and board of commissioners at any special called or regular meeting or a restraining order by a court of record in accordance with the substantive laws of the State of Georgia or the United States of America. Members constituting a quorum of the board of commissioners may call a special meeting to consider whether to stay the peremptory action with oral or written notice to the appellant not less than five calendar days prior to the meeting, and the notice shall act as a stay of the peremptory action. In no event shall the peremptory action be taken less than five business days after the date of certification.

    (c)

    Whenever a person shall make a request for rehearing to the mayor and board of commissioners, he, she or it shall obtain the appropriate form therefor from the building inspector or city manager, as the case may be. It shall be the duty of the said person to complete the request for rehearing form in its entirety; which form is then to be submitted to the city manager together with the appropriate fees.

    (d)

    In addition, a list of names and addresses of the owner of the real property that is the subject of a request for rehearing, if he, she, it or his, her or its residence is known, and the owner and occupier of every lot in the same street within 500 feet of the real property, lot or building at issue in such request for rehearing and of every lot not on the same street within 500 feet of said lot or building, shall be submitted with the request for rehearing form; provided, however, that failure to provide such list of names provided by this paragraph shall not invalidate any action taken by the mayor and board of commissioners on any such request for rehearing.

(Ord. of 4-4-2017, § 1)