A. Any party who feels aggrieved by the Examiner's decision may submit an appeal in writing to the Clerk-Treasurer within ten (10) days from the date the final decision of the Examiner is rendered, requesting a review of such decision. Such appeal shall contain a brief statement of the reason why error is assigned to the Examiner’s decision. The Clerk-Treasurer shall submit the appeal to the City Council for consideration.

B. Such appeal shall be upon the record established and made at the hearing held by the Examiner. Whenever a decision of the Examiner is reviewed by the Council pursuant to this Section, other parties of record may submit written memoranda in support of their positions. In addition, the Council shall allow each side no more than fifteen minutes of oral presentation. No new evidence or testimony shall be presented to the Council during such oral presentation. The Council may accept, modify, or reject any findings or conclusions, or may remand the decision of the Examiner for further hearing or acceptance of new and/or additional evidence; provided that any decision of the Council shall be based upon the record of the hearing conducted by the Examiner; however, the Council may publicly request additional information of the appellant, the Examiner, city departments, or other interested parties at its discretion.

C. The Council shall review any timely written appeal that has been filed in accordance with the procedures set forth in this chapter. Such review shall be held in accordance with appeal procedures adopted by the Council by resolution.

D. The timely filing of a written appeal in accordance with the procedures set forth in this Chapter shall stay the effective date of the Examiner’s decision until such time as the appeal is adjudicated by the Council or is withdrawn.

E. Within five (5) days following the timely filing of an appeal, notice thereof and of the date, time and place for the Council’s consideration shall be mailed to the appellant and to all other parties of record. Such notice shall additionally indicate the deadline for submittal of written comments, which shall be two (2) days before the date set for council consideration.