Sec. 656.142. - 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 committee of Council, the affected district Council member, the Director and the Chief of the Current 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 Department shall forward a copy of the Department file on the matter to the Office of General Counsel, including the minutes or transcript of the proceedings and any exhibits submitted to the Commission or Downtown Development Review Board. (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 resolution shall be filed with the Legislative Services Division and the Chairman of the committee of reference shall schedule a public hearing concerning the appeal. The Legislative Services Division shall notify the applicant and all persons included on the certified written lists attached to the notice of appeal of the date, time and location of the public hearing. The written notices 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 concerning the deficiencies 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 complete. The deficiencies must be remedied within 30 calendar 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. (Ord. 91-761-410, § 1; Ord. 91-1326-572, § 1; Ord. 92-503-544, § 2; Ord. 98-678-E, § 3; Ord. 2001-622-E, § 1; Ord. 2007-564-E, § 14) Note— Former § 656.141 .