Title 12174 · Code of Ordinances

Sec. 650.506. - Appeals.

Citation: Jacksonville, FL Code of Ordinances § 650.506.

Section: 650.506.

(a) An applicant may appeal any decision or technical determination made by the Director pursuant to this Chapter to the Council, who shall refer the matter to the appropriate committee of Council for a recommendation prior to acting upon the appeal. Appeals shall be made by filing a notice of appeal with the Director within 30 days of the issuance of the written decision being appealed. The notice of appeal shall contain: (1) A clear and plain statement of the decision to be reviewed and the date of the decision; (2) The specific error alleged as the grounds of the appeal; and (3) Proof of payment of required fee. (b) A hearing on the appeal shall be scheduled by the Council for a date no more than 60 days subsequent to the filing of a notice of appeal accompanied by a receipt from the Tax Collector evidencing payment of the required fee. The applicant shall be given at least 30 days written notice of the scheduled hearing date. (c) The applicant, departmental and any other appropriate City staff, the public and witnesses with relevant testimony shall appear and may be heard at the hearing. Testimony shall be limited to matters directly relating to the standards set forth in this Chapter. To the maximum extent practicable, the hearing shall be informal. Reasonable cross-examination of witnesses shall be permitted, but questioning shall be confined as closely as possible to the scope of direct testimony. (d) The appellant shall have the burden of proof to establish by a preponderance of the evidence: (1) That there was an error in the decision or technical determination made by the Director; or (2) That the requirements of Sections 650.502 or 650.503 hereinabove have been met. (e) Within 30 days after the hearing, the Council shall issue to the Director a written decision which shall affirm, reverse, modify, or remand the decision of the Director for further consideration. (f) The Department shall be the custodian of all documents, including the application and the Director's decision. The record of the hearing shall be maintained by the Council Secretary. (Ord. 91-1016-425, § 9)