A. Appeal From Decision Of Administrator:
1. Any person aggrieved by a decision of the Administrator made in interpreting or enforcing this chapter may appeal such a decision to the commission by filing a written notice of appeal with the City Clerk within twenty (20) days of such decision, stating the date and nature of the decision from which appealed and the grounds for the appeal. If no notice of appeal is so filed, the decision of the Administrator shall be final and not subject to further appeal or review.
2. Within twenty (20) days of the filing of the notice of appeal, the Administrator shall provide the appellant and file with the commission copies of the record on appeal, including all applications and other documents and exhibits pertinent to the appeal, together with the Administrator's certificate stating that the documents listed comprise the complete record of the decision under appeal.
3. The commission shall hold a hearing at a regular meeting of the commission within thirty (30) days of the Administrator's certification of the record on appeal. The appeal shall be based and heard solely upon the record before the Administrator.
4. The commission shall, within thirty (30) days after the hearing, enter a written order affirming, reversing or modifying the Administrator's decision. The order shall also contain the reasons for the commission's decision.
B. Appeal From Decision Of Commission:
1. Any person aggrieved by the decision of the commission may appeal the commission's decision to the Council by filing a written notice of appeal with the City Clerk within twenty (20) days of the commission's final decision. The notice of appeal shall state the date and the substance of the decision from which appealed and state the grounds for the appeal. If no notice of appeal is so filed, the decision of the commission shall be final and not subject to further appeal or review.
2. Within ten (10) days after the filing of the notice of appeal, the appellant may order a transcript of the proceedings to be prepared, and the estimated cost of the transcript shall be paid by the appellant prior to ordering the transcript. The actual cost of the transcript shall be paid by the appellant in full before the transcript may be forwarded to the Council.
3. Within twenty (20) days after receipt of the transcript, the Administrator shall serve to the appellant and the Council one copy of the transcript and the record of the appeal including all applications, minutes and other documents and exhibits pertinent to the appeal, together with the Administrator's certificate, stating that the documents listed comprise the complete record of the proceedings under appeal.
4. At a regular City Council meeting, the Council shall hold a hearing on the appeal within thirty (30) days of the Administrator's certification of the transcript and record on appeal. The appeal shall be based and heard solely upon the record before the commission. Each party may not present more than fifteen (15) minutes of oral argument to the Council.
5. The Council shall enter an order within thirty (30) days after the hearing affirming, reversing, or modifying the commission's decision. The order shall contain a statement of the reasons for the Council's decision. (Ord. 2001-02, 1-25-2001)