106-97 Hearings on appeals | Aurora City Code

Sec. 106-97. Hearings on appeals.

(a) Regular meetings; date and time. If a special meeting is not requested and a fee for a regular meeting is paid, the date and time for the hearing shall be the date and time set by the board of adjustment and appeals at the previous regular meeting. The board of adjustment may change the date and time of the regular meeting within reason.

(b) Special meetings; date and time. If a special meeting is requested and a fee for a special meeting is paid, the date and time for the hearing shall be the date and time set by the board of adjustment upon receiving notice of the application. The special meeting shall be set by the board of adjustment on a date not later than 15 days subsequent to the date of filing of the application and notices required to be therein.

(c) Time of hearing. No hearing, whether held during a regular or special meeting of the board of adjustment, shall be held earlier than 15 days subsequent to the filing of the application and payment of the application fee for appeal.

(d) Notice to appellant. The city manager or his or her designee for appeals matters, upon the filing of the appellant's application, shall, with reasonable speed, notify the appellant either in person or by certified mail of the date and time set for the meeting. For certified mail, notice to the appellant shall be effective upon mailing.

(e) Notice to abutting property owners. The city manager or his or her designee for appeals matters, in the case of appeals with regard to matters arising from enforcement of the zoning provisions of chapters 90 and 146, upon the filing of the application for appeal, shall notify the owners of abutting properties, as defined in section 146-2001 of this Code, by certified mail, mailed not less than seven days prior to the date of the hearing. On the notification shall appear the date, time and place of the hearing, a statement of the action appealed from, a statement of the action requested of the board of adjustment, a statement of the grounds for the appeal, and an appropriate telephone number where detailed information can be obtained. The mailing of the notification shall create a presumption, as a matter of law, that the owners of abutting property have received adequate and timely notice of the subject matter of the hearing. In addition to the written notice provided for in this subsection, the premises shall be posted at a point clearly visible from a public right-of-way for at least ten days prior to the date of the hearing. The posted notices shall be of a number, size and location as prescribed by the city manager or designee and shall indicate the date, time and place of such hearing. Such posted notices shall be furnished by the City.

(1) Subpoena. The board of adjustment shall have the power to compel persons to attend and to give relevant testimony and to compel the production of relevant evidence by subpoena upon application by the appellant, by the administrative officer whose action is being appealed, either of whom shall be referred to in this subsection as a party, or by the city attorney, who shall supply his or her own subpoena. Reasonable witness fees shall be paid to a nonparty by the party requesting attendance of the witness under subpoena upon timely demand by the witness. All expenses involved in producing evidence shall be paid by the party requesting such evidence. The board of adjustment shall have the power to compel persons to give relevant testimony and to compel the elicitation of evidence among evidence already produced. The board of adjustment shall have the power to compel the production of evidence, at the expense of the party so compelled and in whose control the evidence resides, provided reasonable and not oppressive. The chairperson or in his or her absence the vice-chairperson may administer oaths and accept affirmations. Upon failure by a party or person to comply with such subpoena or to give relevant testimony while under or while not under subpoena or to produce relevant evidence, while under subpoena, the board of adjustment may, in its discretion, render decision against the party or against the party on whose behalf the person so refusing was called.

(2) Recording and transcript. Word for word recordings of the proceedings of the board of adjustment shall be necessary. Whenever a transcript of such recording is demanded by the appellant or when a transcript is furnished by the city pursuant to court order, the cost of preparing the transcript shall be borne in full by the appellant.

(3) Representation. An appellant may appear before the board of adjustment in person or by an agent authorized as such in an acknowledged writing filed with the city before the hearing or accompanied or represented by an attorney. Interested persons may also attend.

(4) Notice of decision. The board of adjustment shall hear all relevant evidence and within a reasonable time thereafter shall render its decision. A notice of the decision within a reasonable time thereafter shall be delivered in person or by certified mail to the appellant, to the city manager or his or her designated representative for appeals matters and to the city attorney. For certified mail, notice to the appellant shall be effective upon mailing, and notice to other persons described in this subsection shall be effective upon receipt. (Code 1979, § 8-22)