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HomeMy WebLinkAbout2013-04-08 13-124 ORDINANCECOUNCIL ACTION Item No. -13-124.' ! Date: April 8, 2013 Item/Subject: ORDINANCE, Amending Chapter 278, Taxicabs, of the Code of the City of Bangor, By Authorizing the Board of Appeals to Hear Taxicab License Appeals Responsible Department: Clerk Commentary: This ordinance amendment would transfer responsibility for hearing taxicab license appeals from the City Council to the Board of Appeals. As the City Council is primarily a legislative body, and the Board of Appeals plays a more judicial role, the Board of Appeals is the more appropriate entity to hear these appeals. Manager's Comments: Associated Information: Budget Approval: Department Head Y -h " City Manager Finance Director Legal Approval: Solicitor Introduced for Passage x First Reading x Referral to the Government Operations Committee on Wednesday, April 17. 2013 13-124 APRIL 8, 2013 ;N� Assigned to Councilor Hawes .. - �, . CITY OF BANGOR �q4�� fuer ED. ORDINANCE, Amending Chapter 278, Taxicabs, of the Code of the City of Bangor, By Authorizing the Board of Appeals to Hear Taxicab License Appeals WHEREAS, currently the City Council hears appeals of taxicab license denials; and WHEREAS, the Board of Appeals is a more appropriate entity to hear such appeals, given its more judicial role; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 278 of the Code of the City of Bangor be amended as follows: § 278-13. Appeals. A. Any person aggrieved by a denial by the City Clerk of an application for a taxicab license or a taxi driver's license filed under § 278-3 or 278-4 of this chapter may appeal said denial to the Cly Geaneil Board of Appealssubject to the following: (1) Notice of said appeal shall be in writing, shall state briefly the grounds therefor, shall be directed to the City Council Board of Appeals and shall be filed with the City Clerk not more than 15 days after notice of said denial has been received by the applicant. No fee shall be required for the agMl. (2) Upon receipt of a notice of appeal, the City Clerk shall immediately notify the Chair of the City mil Board of Appealswho shall take action to have it heard at a regular or special meeting of the Gity Gounell Board of Appeals within 40 days of receipt of the notice. Before the hearing. the City Clerk shall notify the applicant. the Board of Appeals members, and anv appropriate members of City staff of the time and place of the hearing. M The hearing shall be conducted in accordance with the following_ u The appellants case shall be heard first. The City Clerk or other City representative shall then present the position of the City. U All parties shall be given the opportunity to be represented by an attomey or other spokesperson. Uc Evidentiary and presentation standards shall be as set in 30-A M.R.S. & 2691(D). 10 A hearing shall not be continued to another time except for good cause. IN CITY COUNCIL April 8, 2013 First Reading and Referral to Government Operations Committee Meeting of A ri 17, 2013 CITY CLARK IN CITY COUNCIL April 22, 2013 Motion made and seconded for Passage Vote: 9-0 Councilors Voting Yes: Baldacci, Blanchette, Civiello, Gallant, Hawes, Longo, Nealley, Sprague, Durgin Councilors Voting No: None Passed CITY CLWM 13-124 APRIL 89 2013 u Decisions and notices of decisions shall be rendered in public in accordance with 30-A M.R.S. 4 2691(E). This decision must be based solely on evidence presented at the hearing. B. Further appeals. Any decision of the C-ityGeuneil Board of Appeals pursuant to Subsection A of this section may be appealed to the Superior Court pursuant to Rule 806 of the Maine Rules of Civil Procedure. C. For purposes of this Chapter, the procedures outlined In this Section 278-13 are intended to entirely supplant the administrative appeals procedures outlined in Section 23-3. subsections A through E. of this Code. Section 23-3. subsections F through H shall still apply. Additions are underlineddeletions staekthrough.