City Code Section
(Amended by Ordinance 190387, effective May 5, 2021.)
- A. A party may file a petition for reconsideration or rehearing on a final order with the Code Hearings Officer within 30 days after the order is mailed.
- B. The petition shall set forth the specific ground or grounds for requesting the reconsideration or rehearing. The petition may be supported by written argument. A motion for reconsideration cannot be used to expand the record as stated in Subsection F.
- C. The Code Hearings Officer may grant a request for reconsideration if good and sufficient reason therefor appears. If the petition is granted, an amended order shall be issued. Good and sufficient cause may include, but is not limited to, any of the following: an intervening change in controlling law, a clear error of law, plainly incorrect or irrational reasoning, a failure to consider evidence, a need to prevent manifest injustice.
- D. The Code Hearings Officer may grant a rehearing petition if good and sufficient reason therefor appears. The rehearing may be limited by the Code Hearings Officer to specific matters. If a rehearing is held, an amended order may be issued.
- E. The Code Hearings Officer, at any time, upon its own motion, and upon a showing of due diligence, may set aside, modify, vacate, or stay any final order, or re‑open any proceeding for additional hearing when necessary to prevent a clear and manifest injustice to a party or other person adversely affected by such order.
- F. A motion for reconsideration cannot rely on new evidence (that is, evidence that was not previously submitted before the close of the record) unless the proponent of the evidence demonstrates the evidence was not reasonably discoverable with due diligence prior to the close of the record.