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 South Daytona
 Code of Ordinances
 Chapter 2. ADMINISTRATION
 Article I. IN GENERAL

  § 2-9. Dispute resolution procedures.  

Latest version.

  • The city council hereby adopts the following dispute resolution procedures:

    (1)

    Any person who can demonstrate that an improper action taken by the city in activities funded under the state revolving fund program has caused, or will cause, a material adverse effect on such person may file at the office of the city manager a written protest within ten (10) calendar days of having become aware of such improper city action. A copy of the protest documentation must be provided to any party who would potentially be directly and adversely affected by the relief sought. Any notice of protest filed after the deadline or not containing parts (a) through (f) as follows may not be considered:

    a.

    The name and address of the protester;

    b.

    A statement describing the disputed action and giving reasons that the action was believed improper;

    c.

    A statement describing how and when the protester became aware of the disputed action;

    d.

    A statement of how the protester is, or will be, adversely affected;

    e.

    A statement of the relief sought; and

    f.

    Any other information material to the protest.

    (2)

    Within seven (7) calendar days of receipt of the protest, the city manager may provide an opportunity to settle the protest by mutual agreement.

    (3)

    The dispute may be resolved at a formal hearing. The city manager shall, within fourteen (14) calendar days of receipt of the protest, set a hearing date to be held no earlier than fourteen (14) calendar days and no later than thirty (30) calendar days after receipt of the protest. At the hearing, the protester shall present evidence and testimony and may ask questions of witnesses. Consultants, witnesses, and other representatives of the city may present testimony about the disputed action. Within ten (10) calendar days of the conclusion of the hearing, the city manager shall render a written decision along with the justification for same.

    (4)

    If the protester does not accept the propriety of the decision by the city manager, he may appeal for reconsideration by the city council. The appeal must be received at the office of the city manager within five (5) calendar days after the decision is rendered. The appeal must contain the information provided in items (1)a through 1(f) above, plus the justification for requesting reconsideration. The city manager shall, within five (5) days, designate a time and place for a public meeting of the city council, before whom the appeal is to take place. A copy of the appeal documentation must be provided by the appellant to any party that potentially would be directly and adversely affected by the relief sought. The justification for the decision by the city manager shall be presented at the meeting. The appellant shall have the opportunity to present evidence and testimony at the meeting. Decisions of the city council shall be final, subject to remedies at law.

(Ord. No. 96-25, § 1, 12-10-96)

Editor's note

Ordinance No. 96-25, adopted December 10, 1996, did not specifically amend the Code; hence, codification of § 1 of said ordinance as § 2-9 was at the discretion of the editor.