5.40.050 - Hearing and decision by city council.

(a)

The city council shall consider the application and the report and recommendation at a hearing held at a council meeting on or before the twenty-first day after filing of the report and recommendation referred to in Section 5.40.040.

(b)

Notice of time and place of the hearing shall be given to all parties by the city clerk at least three days prior to the hearing.

(c)

Any interested party shall be heard upon a reasonable request.

(d)

The city shall have the burden of proof to show why the permit should be denied, otherwise, it shall be granted.

(e)

The decision of the city council to grant or deny the permit shall be in writing, and if adverse to the applicant, shall contain findings of fact and a determination of the issues presented.

(f)

Unless the applicant agrees in writing to an extension of time, the city council shall make its order denying or granting the application within fifteen days after completion of the hearing on the application for a permit and shall notify the applicant of its action by personal service or certified mail.

(g)

Any member of the city council who is absent from the hearing and who has not read or heard the record of the proceedings shall not vote on the decision.

(Ord. 378 §1(part), 1985).