South Dakota

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Chapter 17.01     Water

17.0101     Appeal Permitted

Any party who is harmed by a decision of the City Finance Officer regarding penalties, disconnect fees, reconnect fees, or late payment fees AUTHORIZED BY Chapter 12.02 involving the purchase of water, sewer, and solid waste may appeal the decision to the Scotland City Council.

Appeals shall be commenced by filing a written appeal with the City Finance Office within ten days of the date the decision is made. The appeal shall include a statement of the action complained of, why the same should be modified or rescinded, whether the appellant desires an open or closed hearing and an address where the appellant can be mailed notice of hearing.

17.0102     Time of Hearing an Notice

A public hearing or a closed hearing if the City Council determines it is necessary, shall be held on all appeals at the next monthly meeting of the City Council after the filing of the appeal, unless a later date is agreed upon by the appellant and the City Council. The City Council shall cause written notice of the date, time, and place of such hearing to be served upon the appellant by regular mail to the address set forth in the appeal at least five days before the hearing date.

17.0103     Hearing Procedures

The following rules shall govern the procedures for an administrative hearing:

          1)  Hearings and administrative appeals need not be conducted according to the technical rules relating to

               evidence and witnesses
          2)  Oral evidence shall be taken only on oath or affirmation
          3)  The Mayor shall administer oaths or affirmations to witnesses and shall make rulings on the

               admissibility of evidence.

          4)  Any relevant evidence shall be admitted if it is the type of evidice upon which reasonable persons are

               accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or

               statutory rule which might make improper the admission of such evidence after objection in civil actions

               in courts of competent jurisdiction in this state.
          5)  Irrelevant and unduly repetitious evidence that lacks trustworthiness shall be excluded.

17.0104     Rights of Parties at Hearing

The appellant, the City Finance Officer, and any other party to an appeal shall have these rights among others:

          1)  To call and examine witnesses on any matter relevant to the issue of the hearing;
          2)  To introduce documentary and physical evidence;
          3)  To cross examine opposing witnesses on any matter relevant to the issue of the hearing; and
          4)  To rebut evidence.

17.0105     Decision

After each appeal hearing, the City Council shall perform the following:

          1)  Sustain, modify, or rescind the complained action or decision. The City Council may in its discretion

               waive the payment of any fees or late penalties.
          2)  Upon a tie vote by the City Council, the Mayor shall be entitled to vote on the issue of the appeal.

17.0106     Report, Costs

A written report of the decision shall be furnished to the appellant within 45 working days from the date the appeal hearing is closed. The City and the appellant shall bear their own respective costs of the appeal proceeding. The decision of the City Council shall be final.