Section 4.78.140 Hearing.

1. At the hearing, the Appellant shall be afforded a full opportunity to be heard, have the right to produce witnesses and to be represented by counsel. After hearing all relevant evidence, the Odor Appeals Board shall deny or grant the appeal no later than 5 days from date of hearing. A determination of the Odor Appeals Board must be approved by simple majority.

2. The determination of the Odor Appeals Board may be appealed to the City Council. Notice of appeal shall be filed with the City Clerk no later than ten days after the written decision called for by subsection a. above is rendered. The hearing before the City Council shall be held at a City Council meeting within 30 days of the filing of the appeal. The City Council shall consider only such evidence as was produced at the hearing as shown by the transcript of record. (Ord. 92/U-425)