§ 6-10. Same—Appeals.

(a)

Any person aggrieved by any decision, action or failure to act on the part of the town administrator or designee is entitled to appeal in the manner set forth below.

(b)

Prior to the commencement of an appeal the person aggrieved shall make known the basis of his complaint to the individual responsible for the decision, action, or non action complained of, together with a request for review. If a resolution satisfactory to the person aggrieved has not occurred within ten (10) days thereafter, the complainant may proceed as outlined in the following subsections.

(c)

Within twenty (20) days of the complainant's request for review, he or she shall file a written statement precisely setting forth the nature of the complaint and the relevant facts and circumstances. The complaint shall be filed with the town administrator or designee. The mayor and council or a committee of three (3) appointed by the mayor and council shall, upon request, hear oral arguments and receive written memorandum based on the record of the evidence presented to the town administrator or designee. No evidence in addition to that presented to the town administrator or designee shall be submitted to the mayor and council unless the appellant sets forth in writing with particularity and in advance of the date set for the appeal hearing, the additional evidence which the appellant desires to offer at the hearing, with the reasons why the evidence was not offered before the town administrator or designee. The mayor and council or their committee may at their discretion, decide whether or not to receive such evidence and may make such other determinations as they may deem appropriate. However, nothing in this section shall be construed to give any appellant the right to a de novo appeal to the mayor and council or their committee in any proceedings under this chapter.

(d)

The mayor and council or their committee may affirm the decision of the town administrator or designee, or they may reverse or modify the decision if the substantial rights of the appellant have been prejudiced because the town administrator or designee's findings, conclusions or decisions are:

(1)

In violation of constitutional provisions;

(2)

In excess of the statutory authority or jurisdiction of the town administrator or designee.

(3)

Made upon unlawful procedure;

(4)

Affected by other error of law;

(5)

Unsupported by competent material and the preponderance of evidence in view of the entire record as submitted; or

(6)

Arbitrary or capricious.

(e)

If the appellant is still aggrieved by the decision of the mayor and council or their committee, appellant may seek judicial review of the decision of the mayor and council within thirty (30) days thereof, in accordance with section 10-215 of the State Government Article, of the Annotated Code of Maryland and Subtitle B, Chapter 110, Maryland Rules of Procedure, or any subsequent amendments thereof. Absent such a judicial review, the findings of the town administrator or designee or mayor and council or their committee shall be final.

(Ord. No. 92-4, 5-14-92)