All persons affected by any action or proposed action of the city shall be entitled to be heard in a hearing conducted by the Council concerning such action. All interested parties may attend, with or without counsel, and participate in the hearing.

(Code 2001, 2-101; Code 2014)

The hearing provisions contained in this article constitute an administrative remedy which must be pursued and exhausted by all persons affected by any action or proposed action of the city prior to commencing any form of legal action against the city, or persons acting within the scope of their employment for the city as contemplated by K.S.A. 75-6103, as amended, of the Kansas Tort Claims Act.

(Code 2001, 2-102; Code 2014)

All requests for hearings provided under this code shall be in writing, clearly stating the nature of the city action or proposed action in issue. The name, address and telephone number of the person allegedly aggrieved and their legal counsel, if any, should be placed at the top of the hearing request. The name, address, and telephone number of the person requesting the hearing should also be on the request if they are not the person allegedly aggrieved. Hearing requests shall be delivered to the city clerk who shall note the date received and immediately inform the city attorney of the request.

(Code 2001, 2-103; Code 2014)

When provision is made for a “hearing” in this code, written notice of such hearing shall be given to the proper interested parties as follows:

(a)   If the hearing has not been requested, but is required or offered by ordinance, the city officer issuing the notice shall state therein: the ordinance under which the notice is given, the offering or requirement of a hearing, and information concerning what the person must do to request a hearing.

(b)   Upon receiving a request for a hearing the Council shall set the matter to be heard. The city clerk shall give notice of the date, time, and place of the hearing at least ten (10) days prior to the date the matter is to be heard.

(Code 2001, 2-104; Code 2014)

Notice may be served either by mail or personal service as follows:

(a)   Mail. Service by mail shall be by certified mail which carries on its face the endorsements “return receipt requested showing address where delivered” and “deliver to addressee only” and for which the appropriate fees have been paid upon mailing. Where the addressee is not a natural person, the endorsement “deliver to addressee only” may be omitted.

(b)   Personal. Personal service shall be by a law enforcement officer of the city, county, or state. Personal service upon a natural person may be made by delivering the notice to the individual personally, or by leaving it at the individual’s dwelling house or usual place of abode with some person of suitable age and discretion residing therein, or by delivering it to an authorized agent of the individual.

(1)   Service upon a minor is complete when a copy of the notice is delivered to the minor and to ‘any person having care or control over the minor.

(2)   Service upon a corporation, partnership, or other entity is complete when the notice is personally delivered to an officer, partner, or resident agent of the entity or by leaving a copy of the notice at any business office of the entity with a person currently having charge and control over the office.

(3)   The person or entity being served need not accept service of the document for service to be complete.

(K.S.A. 60-103; K.S.A. 60-307; K.S.A. 60-304; K.S.A. 77-203; Code 2001, 2-105; Code 2014)

Proof of service of the documents served shall be made as follows:

(a)   Mail. Service by mail shall be proven by a certificate of the city clerk that a copy of the notice was mailed as provided by Section 2-105(a).

(b)   Personal. Personal service shall be proven by the law enforcement officer’s endorsement on a copy of the notice of the time, place, and manner of service, or attempted service and refusal, followed by the officer’s signature. If the notice Call1ot be served within ten (10) days after the date it was issued, the officer should state this on the notice, sign it, and return it to the city clerk.

(Code 2001, 2-106; Code 2014)

When provision is made for a “hearing” in this code, the hearing will be conducted as follows:

(a)   All hearings shall be before the City Council.

(b)   The Council shall be available for conducting hearings on the second and fourth Monday of each month, beginning at 7:00 P.M., at City Hall, 123 Main, Cherryvale, Kansas. The board may recess or continue such hearings to other times and places as may be required.

(c)   Upon calling the hearing from the agenda the Council shall sit as a hearing board and shall receive any evidence and hear any arguments persons participating in the hearing may wish to present. All parties may be represented by counsel, give testimony, present witnesses, and cross-examine witnesses. The mayor shall preside at the hearing and enforce such rules of procedure, evidence, and decorum as is required to maintain an orderly proceeding.

(d)   Either party, at their own expense, may record the hearing.

(e)   The city attorney shall prepare minutes, findings of fact, and conclusions of law for the examination, amendment, or approval by the Council. Once the minutes, findings, and conclusions are approved, and a final determination made by the Council, a copy of said document shall be mailed to the person requesting the hearing, their legal counsel, if any, and the person allegedly aggrieved, if different from the person requesting the hearing.

(Code 2001, 2-107; Code 2014)

Whenever a hearing is offered through notice to the allegedly aggrieved party, said notice shall state the person has a period of three (3) days from receipt of the notice to request a hearing pursuant to Section 1-1003 of this Article. Failure to properly request a hearing within the three-day period shall be deemed a waiver of any right to have a hearing on the matter concerned.

(Code 2001, 2-108; Code 2014)