A. Appealable Matters: The hearing officer's decision shall be appealable to the city council only for the following matters:
1. An alleged failure to obtain a required permit, license, or other approval from the city council as required by this code;
2. An alleged violation of a permit, license, or other approval, or the conditions attached to the permit, license or approval, that was issued by the city council; or
3. An alleged violation of regulations governing a person or entity who has received a license issued by the city council.
B. Filing Appeal: An appeal to the city council of the hearing officer's decision must be made in writing on a form provided by the city for such an appeal and must be served on the city clerk by United States first class mail, postage prepaid, within ten (10) days after the date of the hearing officer's decision.
C. Hearing: A timely appeal will be heard by the city council after a notice of hearing is served by the city upon the appellant in person or by certified mail at lease ten (10) days in advance of the date of the hearing. The parties to the hearing will have an opportunity to present oral or written arguments regarding the hearing officer's decision.
D. Council Considerations And Decision: The city council shall consider the record, the hearing officer's decision, and any additional arguments before making a determination. The city council is not bound by the hearing officer's decision, but may adopt all or part of the hearing officer's decision. The city council's decision may be voted upon and given at the hearing or may be given in writing within fifteen (15) days of the hearing.
E. Failure To Appear: The failure of the appellant to appear in front of the city council or participate in the appeal constitutes a waiver of the violator's right of appeal and an admission of the violation. The council may waive the result upon good cause shown. The determination of a showing of good cause shown shall be made solely at the discretion of the city council, but does not include forgetfulness and intentional delay. (Ord. 2004-06, 9-7-2004)