Rehearing

Amended by Ordinance No. 2025-138

(a)

A party who has been adversely affected by the result of a public hearing before the CEB or CESM may move for a new hearing on the matter upon the grounds enumerated below. A motion for rehearing must be served and filed within ten (10) days after the date of entry of the CEB or CESM order. The time cannot be extended. A motion that is served within the ten-day period may be amended to allege new grounds with leave of the CEB or CESM. On its own initiative, the CEB or CESM may order rehearing within ten (10) days after the entry of the order. After timely service of a motion, the time to file a notice of appeal runs from the date of rendition of the order on the motion, and not from any order that has been entered. If a notice of appeal is filed by the moving party before the motion for rehearing is heard, the motion for rehearing is waived. The ground of a motion for rehearing shall fall into one (1) or more of the following categories:

(1)

Factual errors on of the record;

(2)

Procedural errors committed during the public hearing;

(3)

Perjury committed by a person testifying at the hearing;

(4)

Newly discovered evidence.

(b)

A rehearing cannot be granted if the sole purpose of the rehearing request is to extend the compliance date.

(c)

Notwithstanding paragraph (b) above, the city may request a rehearing within or beyond the ten (10) days to seek the modification of an order in the event of extenuating circumstances.

(Ord. No. 2015-50, § 24, 4-16-15)