A. Appeals From Decisions Of Administrator:
1. Notice Of Appeal: Any person aggrieved by a decision of the Administrator made in interpreting or enforcing this title may appeal such a decision to the commission by filing a notice of appeal with the commission within fifteen (15) 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. Copies Of Record On Appeal: 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. Hearing By Commission: The commission shall hold a public hearing on all appeals from the decisions of the Administrator 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. 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.
4. Decision By Commission: The commission shall, within ten (10) 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. Appeals To Council:
1. Notice Of Appeal; Estimated Costs: Any person aggrieved by any final action of the commission may appeal the commission's decision to the Council by filing a notice of appeal within fifteen (15) days from the date of the decision. The notice of appeal shall state the date and substance of the decision appealed from and state the grounds for the appeal. Copies of the notice of appeal shall be filed with both the Council and the commission. The Administrator shall provide any such aggrieved person with a written statement of the estimated cost of transcript preparation. (Ord. 2015-02, 4-20-2015; amd. 2018 Code)
2. Transmission Of Record: Within thirty (30) days after a notice of appeal is filed, the commission shall prepare three (3) copies of a summary of the proceedings from which appealed and forward said summary to the Council. A transcript of the proceedings may be prepared at the appellant's expense. The cost of the transcripts shall be paid in full before the transcript may be forwarded to the Council. The commission shall serve one copy of the summary or transcript on the appellant and one copy on the attorney for the respondent. The commission shall submit to the Council with the summary or transcript all documents, exhibits, and orders pertinent to the appeal.
3. Hearing By Council: The Council shall hold a hearing on the appeal as soon as possible following receipt of the Administrator's certificate and the commission's record. The Council shall publish a notice specifying the time, date and place of the hearing and stating the subject of the appeal. The notice shall be published once in the official newspaper at least fifteen (15) days prior to the hearing. The Council may not take additional evidence at the hearing. The parties to the appeal may present briefs to the Council. Each party may present not more than fifteen (15) minutes of oral argument to the Council.
4. Decision By Council: The Council shall enter an order within fifteen (15) days after the hearing affirming, reversing, or modifying the commission's decision. The order shall contain a statement of the decision.
C. Request For Reconsideration: An applicant or affected person who seeks judicial review of a decision by the administrator, hearing examiner, commission or council must first seek reconsideration of the final decision within fourteen (14) days. A request for reconsideration shall be made to the person or body who makes a recommendation. A request for reconsideration must allege and identify specific deficiencies in the decision. Upon a reconsideration, the decision may be affirmed, reversed or modified after compliance with applicable procedural standards. A written decision shall be provided to the applicant or affected person within sixty (60) days of receipt of the request for reconsideration or request is deemed denied. A decision shall not be deemed final for purposes of an appeal or judicial review unless the process required herein has been followed. The time to file an appeal or seek judicial review is tolled until the date of the written decision regarding reconsideration or the expiration of the sixty (60) day reconsideration period, whichever occurs first.
D. Mediation:
1. Authority: The mediation of land use decision will be governed by the provisions in Idaho Code Section 67-6510, as amended, and this title.
2. Public Hearing: If mediation occurs after a final decision, any resolution of differences through mediation must be the subject of another public hearing, consistent with the type of hearing which resulted in the original decision, before the decisionmaking body.
3. Action by the Council: The council shall act on the mediation recommendations within sixty (60) days of the receipt of the recommendation. The mediation process shall not be part of the official record regarding consideration of the application upon which the mediation is based. (Ord. 2015-02, 4-20-2015; amd. Ord. 2019-02, 4-22-2019)