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.