Avalon City Zoning Code
§ 27-11.22
Procedure on Appeal.
[Ord. No. 775-2018 § 27-11.5]
a.
Any appeal from the decision of an Administrative Agent shall be filed within thirty (30) calendar days of the date of the decision being appealed. Such appeal shall be in writing and state the grounds for the appeal.
b.
Such appeal shall be heard by a Hearing Committee which shall consist of the Business Administrator, Borough Chief Financial Officer, and the Tax Assessor. The Business Administrator shall act as Chairperson of the Hearing Committee. A hearing before the Committee shall be scheduled promptly and concluded within thirty (30) calendar days from the filing of the Notice of Appeal unless additional time is required for good cause. The decision of the Hearing Committee shall be in writing and filed with the Borough Clerk and a copy provided to the appellant.
c.
If the appellant is still aggrieved by the decision of the Hearing Committee, a further appeal may be taken to Borough Council. Any such appeal shall be in writing stating the grounds of the appeal and filed with the Borough Clerk within fifteen (15) calendar days of the decision by the Hearing Committee. The President of Borough Council shall then schedule the matter for a hearing before Borough Council. Such appeal shall be heard as promptly as possible and Borough Council shall then render its decision by Resolution.
d.
In lieu of an appeal hearing before the full Borough Council, Borough Council may:
1.
Appoint a subcommittee of Council to hear and determine the appeal; or
2.
Refer the matter to a Hearing Officer to conduct a hearing at the conclusion of which the Hearing Officer shall render his/her decision in writing with the Borough Council with a copy to the appellant. Borough Council shall, within thirty (30) calendar days thereafter either accept, reject or modify the initial decision of the Hearing Officer.
The decision of Borough Council, whether made by the full Council or by a subcommittee thereof, or on the Initial Decision of the Hearing Officer shall constitute a final decision on the appeal.